Abbott v. State
This text of 407 S.W.2d 511 (Abbott v. State) is published on Counsel Stack Legal Research, covering Court of Criminal Appeals of Texas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
OPINION
The conviction is for robbery with two prior convictions of felonies less than capital alleged for enhancement; the punishment, life imprisonment.
It is shown by affidavit of the Tarrant County sheriff that on June 20, 1966, appellant escaped from his custody. He was subsequently re-captured on July 8, 1966, in the State of Washington, where he is currently serving a 35 year prison sentence. The state has made known to us that the State of Washington will not relinquish jurisdiction over appellant until such time-as he has been tried and served his sentence, if any, on the charge there pending..
Vernon’s Ann.C.C.P., Art. 44.09 is applicable to the “re-capture” of a defendant-who escapes pending appeal. However, as. the appellant is not subject to the jurisdiction of the State of Texas he cannot be-said to have been “re-captured” within the-meaning of this statute.
The state’s motion to dismiss the appeal is granted. It is so ordered.
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407 S.W.2d 511, Counsel Stack Legal Research, https://law.counselstack.com/opinion/abbott-v-state-texcrimapp-1966.