
    LAWLER v. STATE.
    (No. 11829.)
    Court of Criminal Appeals of Texas.
    April 25, 1928.
    Criminal law &wkey;>ll3((l,5) — Appeal will be dismissed both because defendant, after conviction, escaped, depriving appellate court of jurisdiction, and because of his request therefor (Code Cr. Proc. 1925, art. 824).
    Both because of defendant’s escape after conviction, whereby, under Code Cr. Proc. 1925, art. 824, the Court of Criminal Appeals lost jurisdiction of his appeal, and because defendant has filed an affidavit stating that he does not wish to prosecute his appeal further, and requesting that it be dismissed, appeal will be dismissed.
    Appeal from District Court, Midland County ; Chas. L. Klapproth, Judge,
    Teague Lawler was convicted of robbery, and he appeals.
    Appeal dismissed. .
    W. Edward Lee, of Midland, for appellant.
    A. A. Dawson, State’s Atty., of Austin, for the State.
   HAWKINS, X

Conviction is for robbery with firearms; punishment being confinement in tbe penitentiary for life.

For two reasons tbe appeal will be dismissed. It appears from tbe affidavit of tbe sheriff that, after conviction, appellant assaulted tbe jailer, made bis escape, and was not recaptured by tbe officers until tbe third day after such escape. By reason of such escape under article 824, C. C. P., this court loses jurisdiction of tbe appeal. Also there has been filed in this court an affidavit from appellant advising that be does not wish to prosecute bis appeal further, and requesting that it be dismissed.

For both reasons, tbe appeal is dismissed. 
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