
    SPRINKLE v. STATE.
    (No. 7373.)
    (Court of Criminal Appeals of Texas.
    Nov. 15, 1922.)
    Criminal law <&wkey;H3l(5) — Appeal dismissed where defendant escaped jail while it was pending.
    Where, during pendency of appeal from conviction of mui'der, defendant escaped fi*om jail, and did not voluntarily return to custody, nor was he recaptured within 10 days thereafter, under Yernon’s Ann. Code Or. Proc. 1916, art. 912, the appeal will be dismissed.
    Appeal from District Court, Taylor County ; W. R. Ely, Judge.
    John Sprinkle was convicted of murder, and he appeals.
    Appeal dismissed.
    R. G. Storey, Asst. Atty. Gen., for the State.
   I/ATTIMORE, J.

Appellant was convicted in the district court of Taylor county of murder, and his punishment fixed at 20 years in the penitentiary.

This case is before us in an unusual situation. It appears from the affidavit of the sheiiff, which is made a part of the record herein, that, after conviction and sentence, and pending appeal, appellant escaped from the Taylor county jail .on the 7th day of May, 1920, and that during the month of May, 1922, he was recaptured and is now in custody. Appellant having escaped from the custody of the officers, and not having been retaken or voluntarily returned to such custody within 10 days after such escape, it becomes imperative under our statute (Vernon’s Ann. Code Or. Proc. 1916, art. 912) that tlie appeal be dismissed; and it is so ordered. 
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