
    TATE v. STATE.
    (Court of Criminal Appeals of Texas.
    Nov. 27, 1912.)
    Criminal Law (§ 1131) —Appeal — Dismissal.
    Where defendant, after appealing from a conviction and filing the transcript, escapes from custody, 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, Smith County; R. W. Simpson, Judge.
    Tom Tate was convicted of murder in the first degree, and he appeals.
    Dismissed.
    N. A. Gentry and J. S. Mcllwaine, both of Tyler, for appellant. W. W. Sanders, Dist. Atty., of Gilmer, and O. 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
    
   DAVIDSON, P. J.

This case was appealed from a conviction for murder in the first degree, with the death penalty assessed. Since filing the transcript or record in this court, appellant has escaped from custody. Satisfactory proof is made to appear by the affidavits of the officer having him in charge.

On account of said escape, the appeal herein is dismissed.  