Opinion
No. 17114.
Delivered October 17, 1934.
Appeal Dismissed — Escape.
Where proper affidavit is filed showing that, pending appeal, accused has escaped from custody and has not been recaptured, or returned to custody, appeal will be dismissed.
Appeal from the District Court of Lubbock County. Tried below before the Hon. Homer L. Pharr, Judge.
Appeal from conviction for robbery; penalty, confinement in the penitentiary for ten years.
Appeal dismissed.
The opinion states the case.
Geo. S. Berry, Tom B. Perkins, and W. D. Benson, Jr., all of Lubbock, for appellant.
Lloyd W. Davidson, State's Attorney, of Austin, for the State.
Conviction for robbery; punishment, ten years in the penitentiary.
There has been filed with the clerk of this court a proper affidavit certifying that pending appeal this appellant escaped from the custody of the sheriff on June 24, 1934, and has not been recaptured, or returned to custody. Under the terms of our statute this court is without jurisdiction to further consider said appeal. The appeal is dismissed.
Appeal dismissed.