
    WILFORD v. STATE.
    (No. 9549.)
    (Court of Criminal Appeals of Texas.
    Nov. 11, 1925.)
    Criminal law <&wkey;ll3l(5) — Appeal not considered where accused has escaped from custody and is at large.
    The court has no jurisdiction to pass upon the merits of an appeal from a conviction of adultery, where accused has escaped from custody and is still at large, in view of Code Cr. Proe. 1925, arts. 824 and 825, and Vernon’s Ann. Code Cr. Proc. 1916, art. 912.
    Appeal from Grayson County Court; R. M. Carter, Judge.
    D. W. Wilford was convicted of adultery, and he appeals.
    Appeal dismissed.
    B. W. Neagle, of Sherman, for appellant.
    Sam D. Stinson, State’s Atty., of Greenville, and Nat Gentry, Jr., Asst. State’s Atty., of Tyler, for the State.
   MORROW, P. J.

The offense is adultery; punishment fixed at a fine of $500.

By affidavit of the sheriff, it is made to appear that the appellant, while in custody pending his appeal, made his escape upon the 25th day of August, 1925; that he has made no voluntary return, nor has there been a recapture ; that he is still at large. Upon these facts, this court is deprived of jurisdiction to pass upon the merits of the appeal. See articles 824 and 825, C. C. P. (1925); also, Vernon’s Tex% Crim. Stat., vol. 2, art. 912, and cases collated.

The appeal is dismissed.  