
    PIERCE v. STATE.
    (No. 7943.)
    (Court of Criminal Appeals of Texas.
    June 20, 1923.)
    Criminal law &wkey;>ll3l(5) — Appeal dismissed, where defendant escaped, and has net voluntarily returned.
    Where defendant escapes from custody, and has not voluntarily returned, his appeal from conviction for burglary will be dismissed.
    Appeal from District Court, Van Zandt County; Joel R. Bond, Judge.
    Edgar Pierce was convicted of burglary, and he appeals.
    Appeal dismissed.
    R. G. Storey, Asst. Atty. Gen., for the State.
   MORROW, P. J.

The offense is burglary; punishment fixed at' confinement in the penitentiary for a period of two years.

We find the affidavit of the sheriff of Van Zandt county, showing that appellant escaped from custody on the 12th day of May, and that he had not voluntarily returned on the date of the affidavit, which was made on June 10, 1923.

Upon these facts the statute requires a dismissal of the appeal; and it is so ordered. 
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