Gilstrap v. State

Court of Criminal Appeals of Texas

Gilstrap v. State

158 S.W.2d 312, 143 Tex. Crim. 276, 1942 Tex. Crim. App. LEXIS 65

CourtCourt of Criminal Appeals of Texas

DecidedFebruary 4, 1942

DocketNo. 22029.

StatusPublished

This text of 158 S.W.2d 312 (Gilstrap 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.

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Gilstrap v. State, 158 S.W.2d 312, 143 Tex. Crim. 276, 1942 Tex. Crim. App. LEXIS 65 (Tex. 1942).

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Opinion

KRUEGER, Judge.

The offense is robbery with firearms. The punishment assessed is confinement in the State penitentiary for a period of twenty-five years.

*277 It has been made known to this court by the affidavit of the sheriff of Bowie County that on the 7th day of November, 1941, the appellant escaped from the jail of said county, and that he did not voluntarily return within ten days to the custody of the officer from whom he escaped. Under the terms of Article 824, C. C. P., as amended by Acts of 1933, Chap. 34, (Vernon’s Ann. C. C. P., Art. 824) and Art. 825, C. C. P., the escape of appellant deprives this court of jurisdiction of the appeal. It is therefore dismissed.

The foregoing opinion of the Commission of Appeals has been examined by the Judges of the Court of Criminal Appeals and approved by the Court.

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KRUEGER, Judge.

The offense is robbery with firearms. The punishment assessed is confinement in the State penitentiary for a period of twenty-five years.

*277 It has been made known to this court by the affidavit of the sheriff of Bowie County that on the 7th day of November, 1941, the appellant escaped from the jail of said county, and that he did not voluntarily return within ten days to the custody of the officer from whom he escaped. Under the terms of Article 824, C. C. P., as amended by Acts of 1933, Chap. 34, (Vernon’s Ann. C. C. P., Art. 824) and Art. 825, C. C. P., the escape of appellant deprives this court of jurisdiction of the appeal. It is therefore dismissed.

The foregoing opinion of the Commission of Appeals has been examined by the Judges of the Court of Criminal Appeals and approved by the Court.

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158 S.W.2d 312, 143 Tex. Crim. 276, 1942 Tex. Crim. App. LEXIS 65, Counsel Stack Legal Research, https://law.counselstack.com/opinion/gilstrap-v-state-texcrimapp-1942.