BELL, Chief Judge.
The defendant was convicted of burglary in September, 1968. He filed a timely motion for new trial. On March 30, 1969, and prior to any ruling on his motion for new trial, he escaped from custody. On April 10, 1969, the trial court, on motion of the state, dismissed the motion for new trial on the ground that defendant was a fugitive from justice subject to the right of defendant to move to vacate the order should the defendant be returned to custody...
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