Opinion
No. 21469.
Delivered January 15, 1941.
Escape of Appellant — Jurisdiction of Appeal.
The Court of Criminal Appeals was without jurisdiction of appeal from conviction, where sheriff made affidavit showing that, pending his appeal, appellant escaped from jail and was out of sheriff's custody.
Appeal from District Court of Waller County. Hon. W. B. Browder, Judge.
Appeal from conviction for theft; penalty, confinement in penitentiary for six years.
Appeal dismissed.
The opinion states the case.
George H. Cavanagh, of Houston, for appellant.
Lloyd W. Davidson, State's Attorney, of Austin, for the State.
The offense is theft; the punishment, confinement in the penitentiary for six years.
On the 27th day of December, 1940, the sheriff of Waller County made an affidavit showing that, pending his appeal, appellant has escaped. We quote from the affidavit: "No later than Dec. 15, A.D. 1940, the said Lester Bennatt * * * fled from said jail, and was out of my view and custody, and is now out of my view and custody and wholly at large." Under the circumstances, this Court is without jurisdiction.
The appeal is 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.