
    NEELEY v. STATE.
    (No. 5529.)
    (Court of Criminal Appeals of Texas.
    Nov. 5, 1919.)
    -Cbiminal law <&wkey;1131 (5) — Dismissal of appeal POE ESCAPE.
    One convicted of an offense, who escapes after submission of his appeal for decision, under the statute forfeits his right of appeal, and .his appeal will be dismissed.
    Appeal from District Court, Denton County; C. R. Pearman, Judge.
    Clem Neeley was convicted of an offense, •and he appeals.
    Appeal dismissed.
    C. M. Cureton, Atty. Gen., and C. W. Taylor and Alvin M. Owsley, Asst. Attys. Gen., for the State.
   MORROW, J.

On a former day of the term this case was submitted for decision. It has been made to appear by proper affidavit that the appellant has made his escape, and has not been captured. Under our statute, this forfeits his right of appeal.

The appeal will therefore be dismissed.  