
    COBB v. STATE.
    (Court of Criminal Appeals of Texas.
    March 19, 1913.)
    Cbiminal, Law (§ 1131) — Appeal—Dismissal — Scope.
    Where defendant, pending his appeal, escapes from jail and does not voluntarily return within 10 days from the date of his escape, the appeal will be dismissed.
    [Ed. Note. — For other cases, see Criminal Law, Cent. Dig. §§ 2971-2979, 2985; Dec. Dig. § 1131.]
    Appeal from District Court, Fannin County ; Ben H. Denton, Judge.
    Edwin Cobb was convicted of pursuing the occupation of selling intoxicating liquors in prohibition territory, and he appeals.
    Dismissed.
    C. E. Lane, Asst. Atty. Gen., for the State.
    
      
      For other cases see same topic and section NUMBER in Dec. Dig. & Am. Dig. Key-No. Series & Rep’r Indexes
    
   HARPER, J.

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 10 days from date of his escape. Consequently the motion of the Assistant Attorney General to dismiss the case is sustained.

The appeal is dismissed.  