From Casetext: Smarter Legal Research

Forsom v. State

Court of Criminal Appeals of Texas
May 6, 1931
118 Tex. Crim. 66 (Tex. Crim. App. 1931)

Opinion

No. 14419.

Delivered May 6, 1931. Reported in 38 S.W.2d 804.

Burglary — Appeal — Escape.

Where appellant escaped and claims the benefit of a voluntary return as provided by the provisions of article 824, C. C. P., the matters presented do not bring him within the terms of the statute, since a voluntary return is not made manifest.

Appeal from the District Court of Howard County. Tried below before the Hon. Vincent Stine, Judge.

Appeal from a conviction for burglary; penalty, confinement in the penitentiary for two years.

Appeal dismissed.

The opinion states the case.

Lloyd W. Davidson, State's Attorney, of Austin, for the State.


The offense is burglary; penalty assessed at confinement in the penitentiary for a period of two years.

There has been filed the affidavit of the sheriff of Clay county in accord with article 824, C. C. P., 1925, showing the escape of the accused on the 6th day of April, 1931, and his capture and re-incarceration on the 8th of that month.

The appellant has filed a controverting affidavit admitting the escape but claiming a voluntary return. The facts set up in his affidavit, considered in their strongest light in his favor, do not show a voluntary return. In his flight he was overtaken by the sheriff and arrested. His affidavit is to the effect that he intended to continue his flight until he had visited his family and that after such visit it was his intention to return to jail. This does not, in our judgment, bring him within the terms of the statute mentioned. See cases cited in Vernon's Ann. Tex. C. C. P., 1925, vol. 3, p. 194, note 7; also Reeves v. State, 109 Tex.Crim. Rep..

The appeal is dismissed.

Dismissed.


Summaries of

Forsom v. State

Court of Criminal Appeals of Texas
May 6, 1931
118 Tex. Crim. 66 (Tex. Crim. App. 1931)
Case details for

Forsom v. State

Case Details

Full title:JESSE FORSOM v. THE STATE

Court:Court of Criminal Appeals of Texas

Date published: May 6, 1931

Citations

118 Tex. Crim. 66 (Tex. Crim. App. 1931)
38 S.W.2d 804

Citing Cases

Holliday v. State

tion can be reinvested only by the Voluntary return of the appellant into the custody of the officer from…