Opinion
No. 16406.
Delivered November 15, 1933.
Escape Pending Appeal — Jurisdiction.
Where defendant, convicted of theft, escaped pending appeal and is still at large, jurisdiction of Court of Criminal Appeals no longer attaches requiring dismissal of appeal. (Arts. 824 and 825, C. C. P.)
Appeal from the District Court of Scurry County. Tried below before the Hon. James T. Brooks, Judge.
Appeal from conviction for theft; penalty, confinement in the penitentiary for two years.
Appeal dismissed.
The opinion states the case.
Robert P. Brown, of San Angelo, for appellant.
Lloyd W. Davidson, State's Attorney, of Austin, for the State.
Conviction is for theft, punishment being assessed at two years in the penitentiary.
It is made known to this court by affidavit of the sheriff of Scurry county, in whose custody appellant was pending the appeal, the appellant has escaped and is still at large on the 4th day of November, 1933. Under the provisions of articles 824 and 825, C. C. P., the jurisdiction of this court no longer attaches, and the appeal is dismissed.
Appeal dismissed.