Opinion
C. A. No. 1883.
March 22, 1974
Richard J. Israel, Attorney General, Donald P. Ryan, Asst. Attorney General, for plaintiff.
William F. Reilly, Public Defender, John P. Toscano, Jr., Asst. Public Defender, for defendant.
On April 5, 1973, state filed a motion to dismiss defendant's appeal on the ground that he was a fugitive from justice, and the motion was denied without prejudice to the right of the state to renew when the defendant was in its custody or on or after October 1, 1973, whichever occurred first. Pursuant thereto, the state, on February 14, 1974, renewed its motion.
After due consideration, the state's motion of February 14, 1974 to dismiss defendant's appeal on the ground that he is a fugitive from justice is denied without prejudice to its right to renew when the defendant shall again be in its custody or on or after October 1, 1974, whichever shall occur first. See Anderson v. Anderson, 108 R.I. 758, 279 A.2d 422 (1971); State v. Lewis, 110 R.I. 948-49, 296 A.2d 120-21 (1972).
In the interim the case shall not be placed upon the current argument list. Roberts, C.J. not participating.