Mace v. State

Court of Criminal Appeals of Texas

Mace v. State

59 S.W.2d 394, 123 Tex. Crim. 442, 1933 Tex. Crim. App. LEXIS 229

Court of Criminal Appeals of Texas·Decided April 19, 1933·No. No. 15870·Published

Opinion

LATTIMORE, Judge.

Conviction for burglary; punishment, ten years in the penitentiary.

We find in the record an affidavit made by the sheriff of Ellis county certifying that pending this appeal appellant made his escape from custody, and that he did not voluntarily return. Such escape deprives this court of further jurisdiction of the appeal, and it becomes our duty to dismiss such appeal, and it is accordingly so done.

Dismissed.

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LATTIMORE, Judge.

Conviction for burglary; punishment, ten years in the penitentiary.

We find in the record an affidavit made by the sheriff of Ellis county certifying that pending this appeal appellant made his escape from custody, and that he did not voluntarily return. Such escape deprives this court of further jurisdiction of the appeal, and it becomes our duty to dismiss such appeal, and it is accordingly so done.

Dismissed.

Mace v. State, 59 S.W.2d 394, 123 Tex. Crim. 442, 1933 Tex. Crim. App. LEXIS 229 (Tex. 1933).

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