Allen v. Georgia

This was a writ of error to review an order of the supreme court of the state of Georgia dismissing a writ of error from that court which had been sued out to reverse the conviction of the plaintiff in error for the murder of one Charles Carr.

After defendant had been convicted and sentenced to death by the superior court of Bibb county, he made a motion for a new trial, which was overruled, whereupon he sued out a writ of error from the supreme court of the state, which was assigned for hearing upon the 4th day of March, 1895. The case having been called upon that day, it was made to appear to the court by affidavits that Allen, after his conviction and sentence, had escaped from jail, and was at that time a fugitive from justice. Upon this showing, the court ordered that the writ of error be dismissed, unless he should within 60 days surrender himself to custody, or should be recaptured within that time, so as to be subject to the jurisdiction of the court, and should furnish evidence thereof by filing the same in the clerk's office.

On May 6th (which was more than 60 days thereafter) the court made a further order, in which, after stating that the plaintiff in error had not surrendered himself to custody, and furnished evidence thereof as required, and that he had not been rearrested since his escape from jail, it was ordered that the writ of error be finally dismissed.

This judgment was, on July 13, 1895, made the judgment of the superior court of Bibb county. Afterwards, Allen, having been recaptured, was, on the 25th of April, 1896, resentenced to death by the superior court, and thereupon made application to one of the justices of this court for a writ of error, which was duly granted; plaintiff assigning as error that the dismissing of his writ of error by the supreme court of the state of Georgia was a denial of due process of law.

W. C. Glenn, for plaintiff in error.

J. M. Terrell and John R. Cooper, for the State.

Mr. Justice BROWN, after stating the facts in the foregoing language, delivered the opinion of the court.