
    CANALES v. STATE.
    (No. 10708.)
    (Court of Criminal Appeals of Texas.
    Jan. 26, 1927.)
    Criminal law 131(5) — Defendant’s escape, pending appeal, ousts appellate court’s jurisdiction (Code Cr. Proo. 1925, art. 824).
    Under Code Cr. Proc. 1925, art. 824, escape of defendant, pending an appeal, ousts the Court of Criminal Appeals of jurisdiction.
    Appeal from Criminal District Court, Cameron County; A. W. Cunningham, Judge.
    , Jose Canales was conyicted.of rape, and he appeals.
    Appeal dismissed.,
    Fausto Yturria and Graham & Graham, all of Brownsville, for appellant.
    . Sam D. Stinson,. State’s Atty., of Austin, and Robt. M. Lyles, Asst. 'State’s Atty., of Groesbeck, for the State.
   HAWKINS, J.

Appeal is from a conviction for rape, with' punishment of ten years in the penitentiary.

It is made to appear by affidavit of the sheriff of Cameron county that on the night of January 10, 1927, appellant escaped from jail where he was confined, pending his appeal. By virtue of article 824, Code of Criminal Procedure (Rev. 1925), such escape ousts this court of jurisdiction.

Therefore the appeal is ordered dismissed.  