LEWIS v. STATE

No. 477S293.

375 N.E.2d 1102 (1978)

Arthur James LEWIS, Appellant (Defendant below), v. STATE of Indiana, Appellee (Plaintiff below).

Supreme Court of Indiana.

May 15, 1978.


Attorney(s) appearing for the Case

Harriette Bailey Conn, Public Defender, Susan K. Carpenter, Deputy State Public Defender, Indianapolis, for appellant (defendant below).

Theodore L. Sendak, Atty. Gen., Kenneth R. Stamm, Deputy Atty. Gen., Indianapolis, for appellee (plaintiff below).


PRENTICE, Justice.

This is an appeal from the denial of the defendant's (appellant's) petition for relief under Post Conviction Rule 1. It presents two issues:

(1) Is the period allowed for perfecting an appeal in a criminal case tolled by the escape of the defendant from custody? Alternatively, is a convicted defendant whose appeal time expired during the period of his escape and absence from the jurisdiction of the court entitled to a belated appeal?

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