
    REEVES v. STATE.
    (No. 11468.)
    Court of Criminal Appeals of Texas.
    May 2, 1928.
    Rehearing Denied May 30, 1928.
    ■Criminal law &wkey;>l 131 (5) — Where, pending disposition of state’s motion for rehearing on appeal, accused escaped from custody of proper authorities, appeal must be dismissed (Code Cr. Proo. 1925, art. 824).
    Where, pending disposition of state’s motion for rehearing, accused escaped custody of proper authorities and was thereafter recaptured and did not voluntarily return to such custody, appeal must be dismissed under Code Cr. Proc. 1925, § 824.
    Appeal from District Court, Wichita County ; P. A. Martin, Judge.
    Claude Reeves was convicted of an offense, and he appeals.
    Appeal dismissed.
    Harry R. Bunnenberg, of Wichita Falls, for appellant.
    Ben P. Allred, Dist. Atty., of Wichita Falls, and A. A. Dawson, State’s Atty., of Austin, for the State.
   DATTlMORE, J.

Pending the disposition of the state’s motion for rehearing in this case, it is made known to us by uncontrovert-ed affidavits that appellant escaped from the custody of the proper authorities, and was thereafter recaptured, and did not voluntarily return to such custody. Under the terms of article 824 of our Code of Criminal Procedure, such fact renders imperative our holding that the appeal in this ease must be dismissed. Laughlin v. State, 97 Tex. Cr. R. 370, 260 S. W. 865. The opinion handed down in this case on March 28,1928, is hereby withdrawn.

The state’s motion to dismiss this appeal is therefore granted, and it is accordingly so ordered.  