EBERHARDT, Presiding Judge.
The state having made it to appear that the appellant is a fugitive and on that basis having moved to dismiss the appeal, and in response to a rule nisi the appellant having conceded that at the trial of his case and before the jury returned with its verdict he did absent himself from custody of the officials by walking unnoticed out of the courthouse and that he has continuously remained a fugitive, and has been such at all times pending...
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