
    (78 South. 306)
    BELMONT v. STATE.
    (7 Div. 527.)
    (Court of Appeals of Alabama.
    March 12, 1918.)
    Criminal Law <&wkey;1131(5) — Appeal and Error-Dismissal op Appeal.
    Where the accused escapes jail and becomes a fugitive from justice after he appeals, his appeal will be dismissed.
    Appeal from Circuit Court, Calhoun County; Hugh D. Merrill, Judge.
    Reginald Belmont was convicted of assault with intent to rape, and he appeals.
    Appeal dismissed.
    P. P. Wharton and S. W. Tate, both of Anniston, for appellant. F. Loyd Tate, Atty. Gen., and Emmett S. Thigpen, Asst. Atty. Gen., for the State.
   SAMFORD, J.

Since the submission of this cause, it being made to appear by the affidavit of A. H. Borden, sheriff of Calhoun county, in whose custody the appellant was, that the appellantJ has escaped jail and is now a fugitive from justice, the appeal in this case is dismissed.

Appeal dismissed.  