Opinion
No. 12366.
Delivered February 20, 1929.
Assault to Murder — Escape of Appellant — Appeal Dismissed.
When an appeal is pending in this Court and it is shown by proper affidavit that the appellant has escaped from custody and is at large, the appeal will be dismissed.
Appeal from the District Court of Eastland County. Tried below before the Hon. Elzo Bean, Judge.
Appeal from a conviction for an assault to murder, penalty two years in the penitentiary.
The opinion states the case.
No brief filed for appellant.
A. A. Dawson of Canton, State's Attorney, for the State.
Offense, assault to murder; penalty, two years in the penitentiary.
Motion is made by the State's Attorney to dismiss this appeal. This is accompanied by an affidavit from the Jailer and Sheriff of Eastland County, Texas, showing that appellant, since his conviction and pending this appeal, has escaped from custody and is at large. Under these circumstances this Court is without jurisdiction. Art. 824, C. C. P.; Lawler v. State, 5 S.W.2d 774.
The motion is granted and the appeal is ordered dismissed.
Dismissed.
The foregoing opinion of the Commission of Appeals has been examined by the Judges of the Court of Criminal Appeals and approved by the Court.