McGee v. State

Court of Criminal Appeals of Texas

McGee v. State

436 S.W.2d 340, 1969 Tex. Crim. App. LEXIS 949

CourtCourt of Criminal Appeals of Texas

DecidedJanuary 29, 1969

Docket41799

StatusPublished

Cited by7 cases

This text of 436 S.W.2d 340 (McGee 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.

Bluebook

McGee v. State, 436 S.W.2d 340, 1969 Tex. Crim. App. LEXIS 949 (Tex. 1969).

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Opinion

OPINION

BELCHER, Judge.

The conviction is for the offense of robbery; the punishment twenty-five years.

It is shown by affidavit of the sheriff of Tarrant County, Texas, that on January 11, 1969, James Earl McGee, the appellant in this cause, escaped from his custody, and has not voluntarily returned or been recaptured. At the time of his escape the appellant’s appeal was pending before this court. The state moves to dismiss the appeal. Arts. 44.09 and 44.10, Vernon’s Ann. C.C.P.; Leopard v. State, Tex.Cr.App., 429 S.W.2d 150.

The state’s motion is granted.

The appeal is dismissed.

DOUGLAS, J., not participating.

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