Opinion
No. 17851.
Delivered June 28, 1935.
Appeal Dismissed — Escape.
Appeal was dismissed for lack of jurisdiction where defendant escaped from county jail and was still at large.
Appeal from the District Court of Cochran County. Tried below before the Hon. Homer L. Pharr, Judge.
Appeal from conviction for unlawfully driving an automobile while intoxicated; penalty, confinement in penitentiary for nine months.
Appeal dismissed.
The opinion states the case.
Durwood Bradley, of Lubbock, and E. A. Bills, of Little-field, for appellant.
Lloyd W. Davidson, State's Attorney, of Austin, for the State.
The conviction is for unlawfully driving an automobile while intoxicated; penalty assessed at confinement in the penitentiary for nine months.
It has been made known to this court by the sheriff of Cochran County that on the first day of May, 1935, the appellant escaped from the jail of said county and is still at large. Under the terms of Art. 824, C. C. P., as amended by Acts of 1933, Chap. 34, (Vernon's Ann. C. C. P., Art. 824), and Art 825, the escape of the appellant deprives this court of jurisdiction of the appeal, and it is therefore dismissed.
Appeal Dismissed.