Newton v. State

Court of Criminal Appeals of Texas

Newton v. State

86 S.W.2d 761

Procedural entryThis page is a short order in Newton v. State. Read the opinion of the Court — 126 Tex. Crim. 482 →

Court of Criminal Appeals of Texas·Decided October 16, 1935·No. No. 18000·Published

Opinion

MORROW, Presiding Judge.

The conviction is for theft; penalty assessed at confinement in the penitentiary for six years.

From the affidavit of the sheriff of Bas-trop county, filed in this court on September 17, 1935, it is made to appear that the appellant, having been transferred to the jail of said county to await the termination of his appeal, made his escape from said jail on August 29, 1935, and has neither returned nor been recaptured.

Under the terms of article 824, C% C. P., as amended by chapter 34, § 1, Acts of the Legislature 1933 (Vernon’s Ann. C. C. P. art. 824), this court is deprived of jurisdiction of the appeal, and it is therefore dismissed.

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MORROW, Presiding Judge.

The conviction is for theft; penalty assessed at confinement in the penitentiary for six years.

From the affidavit of the sheriff of Bas-trop county, filed in this court on September 17, 1935, it is made to appear that the appellant, having been transferred to the jail of said county to await the termination of his appeal, made his escape from said jail on August 29, 1935, and has neither returned nor been recaptured.

Under the terms of article 824, C% C. P., as amended by chapter 34, § 1, Acts of the Legislature 1933 (Vernon’s Ann. C. C. P. art. 824), this court is deprived of jurisdiction of the appeal, and it is therefore dismissed.

Newton v. State, 86 S.W.2d 761 (Tex. 1935).

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