In Smith v. United States (1876) 94 U.S. 97, the United States Supreme Court refused to hear a writ of error in a criminal case brought by a fugitive, reasoning that it should not be placed in a position of ruling on a case where the fugitive would decide whether to submit to the ruling: "In this case, it is admitted that the plaintiff in error has escaped, and is not within the control of the Court below, either actually by being in custody, or constructively by being out on bail. If we affirm the judgment, he is not likely to appear to submit to his sentence. If we reverse it, and order a new trial, he will appear or not, as he may consider most for his interest. Under such circumstances, we are not inclined to hear and decide what may be a moot case." ( Smith, supra, 94 U.S. at p. 97.)