
    Edwin Cobb v. State.
    No. 2320.
    Decided March 19, 1913.
    Occupation—Intoxicating Liquors—Local Option—Escape—Affidavit.
    Where, upon appeal from a conviction of pursuing the occupation of selling intoxicating liquors in local option territory, the affidavit of the sheriff accompanying the record showed that appellant had escape„d from jail and not voluntarily returned within ten days from date of escape, the appeal must be dismissed.
    Appeal from the District Court of Fannin. Tried below before the Hon. Ben H. Denton.
    Appeal from a conviction of pursuing the occupation of selling intoxicating liquors in local option territory; penalty, two years imprisonment in the penitentiary.
    The opinion states the case.
    No brief on file for appellant.
    
      C. E. Lane, Assistant Attorney-General, for the State.
   HARPER, Judge.

In this case appellant appeals from a judgment adjudging him guilty of pursuing the occupation of selling intoxicating liquors in prohibition territory.

Accompanying the record is the affidavit of the sheriff of Fannin County testifying that appellant escaped from jail, pending this appeal, and that he did not voluntarily return within ten days from date of his escape. Consequently the motion of the Assistant Attorney-General to dismiss the case is sustained.

The appeal is dismissed.

Dismissed.

[Rehearing denied April 16, 1913.—Reporter.]  