Opinion
No. 14148.
Delivered April 15, 1931.
Theft — Appeal — Escape.
Where it is made to appear that appellant has escaped and remained at large for more than ten days, the appeal will be dismissed, since in such case the appellate court is without jurisdiction.
Appeal from the District Court of Cherokee County. Tried below before the Hon. J. W. Bates, Judge.
Appeal from a conviction for theft of property over the value of $50; penalty, confinement in the penitentiary for two years. Dismissed.
The opinion states the case.
D. L. Harry, of Jacksonville, for appellant.
Lloyd W. Davidson, State's Attorney, of Austin, for the State.
Conviction is for theft of property over the value of $50, punishment being two years in the penitentiary.
It is made to appear that pending this appeal appellant has escaped from jail and has remained at large more than ten days.
The case is brought under the provisions of Article 824, C. C. P., which provides that an escape of accused from custody pending appeal ousts this court of jurisdiction.
The appeal is therefore dismissed.
Dismissed.