
    BURTON v. STATE.
    (Court of Criminal Appeals of Texas.
    Oct. 18, 1911.)
    Criminal Law (§ 1131) — Appeal — Dismissal.
    Defendant having, pending his appeal, escaped from the custody of the sheriff, and not voluntarily returned within 10 days, the appeal will be dismissed.
    [Ed. Note. — For other cases, see Criminal Law, Cent. Dig. § 2975; Dec. Dig. § 1131.]
    Appeal from District Court, Bexar County; Edward Dwyer, Judge.
    Webber Burton, alias Stafford Maryland, was convicted of burglary, and appeals.
    Dismissed.
    See also, 138 S. W. 1019.
    Shelley Grover, Wm. S. Anthony, and H. B. Leonard, for appellant. C. E. Lane, Asst Atty. Gen., for the State.
    
      
      For other eases see same topic and section NUMBER in Dec. Dig. & Am. Dig. Key No. Series & Rep’r Indexes
    
   PRENDERGAST, J.

The appellant was indicted and convicted of burglary.

Since the appeal in this case, it has been clearly shown to us, that pending the appeal, the appellant made his escape from the custody of the sheriff of Bexar county, and that he did not voluntarily return within 10 days.

Therefore, upon the motion of the Assistant Attorney General, this cause is dismissed.

DAVIDSON, P. J., absent.  