
    BOYD v. STATE.
    (No. 5040.)
    (Court of Criminal Appeals of Texas.
    May 22, 1918.)
    Criminal Daw <&wkey;1131(5) — Appeal—Escape —Dismissal.
    Where appellant from conviction of murder, as appears by the affidavit of the deputy sheriff and jailer, made his escape from jail by overpowering the jailer, and whs later arrested and returned to custody, motion to dismiss the appeal will be sustained.
    Appeal from District Court, Bowie County ; H. F. O’Neal, Judge.
    Walter Boyd was convicted of murder, and he appeals.
    Appeal dismissed.
    E. B. Hendricks, Asst. Atty. Gen., for the State.
   DAYID’SOÑ, P. J.

Appellant was allotted a term of 20 years in the penitentiary under conviction for murder. It is made satisfactorily to appear by the affidavit of the deputy sheriff and jailer that appellant made his escape from, jail by overpowering the jailer, and was later captured. He did not voluntarily return, but was arrested. The motion of the assistant attorney general to dismiss for this reason will be sustained. *

The appeal therefore will be dismissed. 
      <&wkey;>For other cases see.same topic and KEY-NUMBER m all Key-Numbered Digests and Indexes
     