
    LYTLE v. STATE.
    (No. 7390.)
    (Court of Criminal Appeals of Texas.
    Jan. 31, 1923.)
    Criminal law <®==ol 131 (5)-eAppeail dismissed on affidavit showing appellant’s escape from custody.
    An appeal will be dismissed on the state’3 motion accompanied by the sheriff’s affidavit showing appellant’s escape from custody.
    Appeal from Criminal District Court, Dallas County; C. A. Pippen, Judge.
    Jim Lytle was convicted of theft, and he appeals.
    Appeal dismissed.
    R. G. Storey, Asst. Atty. Gen., for the State.
   MORROW, P. J.

Conviction is for theft; punishment fixed at confinement in the penitentiary for a period of two years. The state's motion to dismiss the appeal is accompanied by the affidavit of the sheriff of Dallas county, showing the escape of the appellant from the custody of the sheriff.

The motion is sustained, and the appeal is dismissed. 
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