In Allen v. Georgia, 166 U.S. 138, 17 S.Ct. 525, 41 L.Ed. 949 (1897), the Court found a state appellate court's dismissal of an escaped defendant's appeal justified as punishment. Rejecting a due process challenge to the state court's dismissal of the appeal and refusal to reinstate the appeal following the defendant's subsequent recapture, the Supreme Court noted that holding the defendant to have abandoned his appeal "seems but a light punishment" for his escape during the appeal. (166 U.S. at 141, 17 S.Ct. 525.)