
    HARD v. STATE.
    (Court of Criminal Appeals of Texas.
    Oct. 25, 1911.)
    Criminal Law (§ 1131) — Appeal—Dismissal —Escape.
    An appeal from a conviction of murder will be dismissed, on a showing that accused has escaped and not voluntarily returned to custody.
    [Ed. Note. — For other cases, see Criminal Law, Cent. Dig. § 2975; Dec. Dig. § 1131.]
    Appeal from District Court, Wilbarger County; S. P. Huff, Judge.
    Al; Hard was convicted of murder, and he appeals.
    Appeal dismissed.
    R. W. Hall and Taylor & Jones, for appellant. C. 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.

Appellant was convicted of murder, and prosecuted his appeal to this court. Pending the appeal, on the night of August 9, 1911, he effected his escape, and' has not voluntarily returned to fee custody of the sheriff of the county where he was incarcerated. The affidavit showing these facts was sworn to on the 25th day of September, 1911. The affidavit in regard to the escape of appellant is in conformity with the terms of the statute, and forms the basis of the motion to dismiss this appeal.

We are of opinion the motion is well taken, and that the appeals should be dismissed; and it is accordingly so ordered.  