
    GAINES v. STATE.
    (No. 6283.)
    (Court of Criminal Appeals of Texas.
    June 8, 1921.)
    Criminal law <®=> 1131 (5) — Appeal dismissed, where defendant has escaped from custody.
    Where defendant escapes pending his appeal from conviction for murder, and does not return to custody, the appeal will be dismissed, under Code Or. Proc. 1911, art. 912.
    Appeal from District Court, Stephens County; W. R. Ely, Judge.
    Harry Gaines was convicted of murder, and he appeals.
    Appeal dismissed.
    R. H. Hamilton, Asst. Atty. Gen., for the State.
   MORROW, P. J.

Conviction is for murder; punishment fixed at confinement in the penitentiary for a period of five years.

Charging that the appellant has made his escape, and has not returned to custody, the Assistant Attorney General moves that the appeal be dismissed. Accompanying the motion are affidavits of the sheriff of Stephens county, in which the fact charged is made to appear.

In accord with the statute (article 912 of the Code of Criminal Procedure), the appeal is dismissed.  