dissenting.
The jury found the defendant guilty on September 23, 1975, and sentence was imposed on that date. On September 26, the defendant escaped. Notice of appeal was filed October 21, 1975. On November 10, 1975, application for extension of time for filing transcript was granted. Also on November 10, 1975, defendant’s attorney filed an affidavit for appeal in forma pauperis in *750which counsel stated that he had been appointed to defend the defendant because of his indigency, that by letter dated September 25, 1975, defendant had expressed his desire to appeal, that defendant had escaped and was unavailable to sign an affidavit of poverty, and that under the circumstances counsel was making the affidavit on defendant’s behalf because counsel believed himself to be under a duty to perfect the appeal.
The court reporter attested to the transcript on November 26, the superior court clerk certified the record on December 1, the case was docketed in the Court of Appeals on December 4, the case was transferred here on December 10, the district attorney filed motion to dismiss the appeal by reason of escape that same day, defendant’s brief and enumeration of error was filed December 24, and the defendant was captured in Texas and returned to custody in Georgia on January 22, 1976.
By overruling the state’s motion to dismiss this appeal, the majority of this court in effect hold that the defendant is entitled to the services of counsel appointed by the state to prosecute his appeal while on escape, and is entitled to the services of the court reporter in preparing a free transcript of the trial and the services of the clerk in preparing a free copy of the record so as to perfect his appeal while on escape.
The majority of this court expressly hold that the defendant is entitled to a new trial because his character was put in issue. I dissent. See my concurring opinions in Brown v. Ricketts, 235 Ga. 29, 31 (218 SE2d 785) (1975), and in Yates v. Brown, 235 Ga. 391, 393 (219 SE2d 729) (1975).
We are not required to afford an appeal to an escapee, Estelle v. Dorrough,-U. S.-(95 SC 1173, 1174, 45 LE2d 377) (1975), and I for one would not.
By declining to hear this appeal, this court could prevent appointed counsel from having to write briefs to perfect what could become moot issues except for defendant’s recapture in Texas, and could conserve the resources of trial court personnel. Instead, the court has said, in effect, that the defendant’s counsel, the state’s counsel and the trial court’s overworked personnel must labor while the defendant remains at large.
*751More importantly, by deciding this appeal, this court has failed to do what it can to deter escapes. Instead, the court has said, in effect "Go ahead, we will impose no penalty upon you for escape if you get caught before we decide your appeal.”
Why should the overloaded wheels of justice continue turning for the benefit of a person convicted of crime who escapes? The state’s motion to dismiss this appeal was good when made and should be granted. In my view, the defendant should be held to have waived, by escape, his right to appeal and no new trial should be granted in this case. I therefore respectfully dissent.