Opinion
No. 16382.
Delivered December 20, 1933.
Appeal Dismissed — Escape.
Where case is docketed in reviewing court in name of two defendants, and one defendant made no motion for a new trial, gave no notice of and did not appeal, and defendant appealing has, pending his appeal, made his escape, appeal as to both will be dismissed.
Appeal from the District Court of Childress County. Tried below before the Hon. A. J. Fires, Judge.
Appeal from conviction for burglary; penalty, confinement in the penitentiary for two years.
Appeal dismissed.
The opinion states the case.
W. B. Howard, of Childress, for appellants.
Lloyd W. Davidson, State's Attorney, of Austin, for the State.
Conviction for burglary; punishment, two years in the penitentiary.
This case is docketed on our dockets in the name of L. C. Hurvey and Tommie Lewis. An inspection of the record shows that Hurvey made no motion for a new trial, and gave no notice of appeal. Tommie Lewis alone took such steps. An affidavit in due from is now made and filed with the clerk of this court showing that pending this appeal Tommie Lewis has made his escape. For this reason, and owing to the further fact that Hurvey did not appeal, the appeal as to both said parties will be dismissed.
Dismissed.