APPEAL AND ERROR-EISLER\u27S FLIGHT AND THE CASE AND CONTROVERSY QUESTION

The United States Supreme Court granted certiorari to review a federal court conviction on a charge of contempt of Congress. Pending determination of the appeal, appellant was released on bail and, after argument on the merits but before a decision had been rendered, he wrongfully fled the country. Subsequently the Attorney General notified the Court that appellant had been apprehended in England at the request of the Secretary of State and that a court of competent jurisdiction there found that appellant was not guilty of an extraditable offense under English law. The Court of its own motion then considered the disposition of the appeal. Held, writ of certiorari would not be vacated but the appeal would be removed from the docket indefinitely pending return of the fugitive. Eisler v United States, 338 U.S. 189, 69 S. Ct. 1453 (1949)