
    M. O. ALLEN v. STATE.
    (No. 7894.)
    (Court of Criminal Appeals of Texas.
    Nov. 21, 1923.)
    Appeal from District Court, Cor-yell County; J. R. McClellan, Judge.
    Tom Garrard, State’s Atty., of Midland, and Grover C. Morris, Asst. State’s Atty., of Devine, for tbe State.
   MORROW, P. J.

The offense is tbe unlawful sale of intoxicating liquor; punishment fixed at confinement in tbe penitentiary for a period of three years. It is made to appear by the affidavit of the sheriff that the appellant escaped from custody and has not voluntarily returned within the time prescribed by law. The appeal is therefore dismissed.  