“ Molinaro v. New Jersey
This case comes to the Court on appeal from the New Jersey state courts, which have affirmed appellant Molinaro's conviction for abortion and conspiracy to commit abortion. We are informed by both appellant's counsel and counsel for the State that Molinaro, who was free on bail, has failed to surrender himself to state authorities. His bail has been revoked, and the State considers him a fugitive from justice. Under these circumstances we decline to adjudicate his case. ”

“ While such an escape does not strip the case of its character as an adjudicable case or controversy, we believe it disentitles the defendant to call upon the resources of the Court for determination of his claims. In the absence of specific provision to the contrary in the statute under which Molinaro appeals, 28 U.S.C. § 1257 (2) , we conclude, in light of the Smith and Bonahan decisions, that the Court has the authority to dismiss the appeal on this ground. ”

“ See also National Union of Marine Cooks and Stewards v. Arnold, 348 U.S. 37, 43, 75 S.Ct. 92, 95, 99 L.Ed. 46 (1954) ; Eisler v. United States, 338 U.S. 189 and 883, 69 S.Ct. 1453, 93 L.Ed. 1897 (1949) ”