This case comes to the Court on appeal from the New Jersey state courts, which have affirmed appellant Molinaro's conviction for abortion and conspiracy to commit abortion. We are informed by both appellant's counsel and counsel for the State that Molinaro, who was free on bail, has failed to surrender himself to state authorities. His bail has been revoked, and the State considers him a fugitive from justice. Under these circumstances we decline to adjudicate his case.
The Court has faced such a situation before, in Smith v. United States, 94 U.S. 97 (1876), and Bonahan v. Nebraska, 125 U.S. 692 (1887). In each of those cases, which were before the Court on writs of error, the Court ordered the case removed from the docket upon receiving information that the plaintiff in error had escaped from custody. In Smith, the case was dismissed at the beginning of the following Term. See 18 Geo. Wash. L. Rev. 427, 430 (1950). In Bonahan, the case was stricken from the docket on the last day of the Term in which it arose. See also National Union v. Arnold, 348 U.S. 37, 43 (1954); Eisler v. United States, 338 U.S. 189 and 883 (1949); Allen v. Georgia, 166 U.S. 138
It is so ordered.
MR. JUSTICE DOUGLAS concurs in the result.