Opinion
No. 23263.
Delivered October 31, 1945.
Escape Pending Appeal — Appeal Dismissed.
Where defendant, who was convicted of murder, was held in jail pending disposition of appeal, escaped from jail pending appeal, and had not voluntarily returned within 10 days, appeal was required to be dismissed.
Appeal from Criminal District Court of Harris County. Hon. Frank W. Williford, Jr., Judge.
Appeal from conviction for murder; penalty, confinement in the penitentiary for ten years. Appeal dismissed.
The opinion states the case.
Conrad E. Smith and Russell F. Wolters, both of Houston, for appellant.
Ernest S. Goens, State's Attorney, of Austin, for the State.
Appellant was convicted of murder and her punishment assessed at ten years in the State penitentiary. She gave notice of appeal to the Court of Criminal Appeals and was held in jail pending the disposition of her case in the latter court.
It is made known to this court by the affidavit of the sheriff of Harris County who had appellant in charge that after said notice of appeal was given and pending the appeal she escaped from his custody and had not voluntarily returned within ten days. See Art. 824 C.C.P.
The appeal is dismissed.