Hard v. State

Court of Criminal Appeals of Texas

Hard v. State

140 S.W. 336, 63 Tex. Crim. 482, 1911 Tex. Crim. App. LEXIS 448

Court of Criminal Appeals of Texas·Decided October 25, 1911·No. No. 1181.·Published

Opinion

DAVIDSON, Presiding Judge.

Appellant was convicted of murder, and prosecuted his appeal to this court. Pending the appeal, *483 on the night of August i), 1913, ho effected his escape and lias not voluntarily returned to the custody of the sheriff of the county where he was incarcerated. The affidavit showing these facts was sworn to on the 25th day of September, 1911. The affidavit in regard to the escape of appellant is in conformity with the terms of the statute, and forms the basis of the motion to dismiss this appeal. We are of opinion the motion is well taken, and that the appeal should be dismissed, and it is accordingly so ordered.

Dismissed.

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DAVIDSON, Presiding Judge.

Appellant was convicted of murder, and prosecuted his appeal to this court. Pending the appeal, *483 on the night of August i), 1913, ho effected his escape and lias not voluntarily returned to the custody of the sheriff of the county where he was incarcerated. The affidavit showing these facts was sworn to on the 25th day of September, 1911. The affidavit in regard to the escape of appellant is in conformity with the terms of the statute, and forms the basis of the motion to dismiss this appeal. We are of opinion the motion is well taken, and that the appeal should be dismissed, and it is accordingly so ordered.

Dismissed.

Hard v. State, 140 S.W. 336, 63 Tex. Crim. 482, 1911 Tex. Crim. App. LEXIS 448 (Tex. 1911).

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