
    SMITH v. STATE.
    (No. 7491.)
    (Court of Criminal Appeals of Texas.
    Nov. 15, 1922.)
    Criminal law <&wkey;>ll3I(5) — Escape from jail pending appeal held to deprive Court of Criminal Appeals of jurisdiction.
    Where, pending appeal, accused escaped from jail on October 9, 1922, and was recaptured on October 22, 1922, in another state, his failure to return voluntarily within ten days deprived the Court of Criminal Appeals of jurisdiction to entertain the appeal, under Code Cr. Proc. 1911, arts. 912, 913.
    <0=>Por other oases see same topic and KEY-NUMBER'in all Key-Numbered Digests and Indexes
    Appeal from District Court, Jefferson County; W. H. Davidson, Judge.
    W. L. Smith was convicted of forgery, and appeals.
    Appeal dismissed.
    It. G. Storey, Asst. Atty. Gen., for the State.
   MORROW, P. J.

The conviction is for forgery; punishment assessed at confinement in the penitentiary for a period of five years. Pending the appeal, appellant escaped from jail. This occurred on October 9, 1922, and appellant remained at large until his apprehension in another state on October 22, 1922. These facts are properly made known by'the affidavit of the sheriff of Jefferson county. The escape or failure to voluntarily return within 10 days deprives this court of the jurisdiction to entertain the appeal. See Code Cr. Proc. arts. 912 and 913.

The appeal is dismissed.  