It was settled in State v. Jacobs, 107 N. C., 772, that where a prisoner who has been convicted of a capital felony, escapes from custody and is at large when his appeal is called for trial, this Court may, in the exercise of a sound! discretion, dismiss the appeal, hear and determine the assignments of error or continue to await the recapture of the fugitive. In the exercise of this power the appeal, on motion of the Attorney General, is

Dismissed.