From Casetext: Smarter Legal Research

McGee v. State

Court of Criminal Appeals of Texas
Jan 29, 1969
436 S.W.2d 340 (Tex. Crim. App. 1969)

Opinion

No. 41799.

January 29, 1969.

Appeal from the Criminal District Court No. 1, Tarrant County, Byron Matthews, J.

Glenn Hausenfluck, Fort Worth, for appellant.

Frank Coffey, Dist. Atty., Truman, power, William A. Knapp and John Howze, Asst. Dist. Attys. Fort Worth, and Jim D. Vollers, State's Atty., Austin, for the State.


OPINION


The conviction is for the offense of robbery; the punishment twenty-five years.

It is shown by affidavit of the sheriff of Tarrant County, Texas, that on January 11, 1969, James Earl McGee, the appellant in this cause, escaped from his custody, and has not voluntarily returned or been recaptured. At the time of his escape the appellant's appeal was pending before this court. The state moves to dismiss the appeal. Arts. 44.09 and 44.10, Vernon's Ann.C.C.P.; Leopard v. State, Tex.Cr.App., 429 S.W.2d 150.

The state's motion is granted.

The appeal is dismissed.

DOUGLAS, J., not participating.


Summaries of

McGee v. State

Court of Criminal Appeals of Texas
Jan 29, 1969
436 S.W.2d 340 (Tex. Crim. App. 1969)
Case details for

McGee v. State

Case Details

Full title:James Earl McGEE, Appellant, v. The STATE of Texas, Appellee

Court:Court of Criminal Appeals of Texas

Date published: Jan 29, 1969

Citations

436 S.W.2d 340 (Tex. Crim. App. 1969)

Citing Cases

Vaughn v. State

The State moves to dismiss the appeal. The appeal should be dismissed under the provisions of Articles 44.09…

Rinehart v. State

At the time of his escape the appellant's appeal was pending before this Court. McGee v. State, Tex.Cr.App.,…