Opinion
No. 13555.
Delivered May 21, 1930.
Appeal — Dismissed — Escape.
Where it is properly shown that subsequent to the appeal appellant had escaped, the appeal will be dismissed.
Appeal from the Criminal District Court, Harris County. Tried below before the Hon. Whit Boyd, Judge.
Appeal from a conviction for receiving and concealing stolen property; penalty, confinement in the penitentiary for two years.
The opinion states the case.
Gordon O. McGehee of Houston, for appellant.
A. A. Dawson, State's Attorney, of Austin, for the State.
Conviction for receiving and concealing stolen property; punishment, two years in the penitentiary.
We find in this record an affidavit showing that appellant, subsequent to the appeal in this case, made his escape from custody, and did not voluntarily return within ten days from the date of such escape. Based on the affidavit, the State moves to dismiss this appeal. The motion is granted upon the authority of Art. 824, C. C. P.
The appeal is dismissed.
Dismissed.