
    CAMPBELL v. STATE.
    (No. 6279.)
    (Court of Criminal Appeals of Texas.
    May 11, 1921.)
    Criminal law <§=>(025 — Jurisdiction on appeal defeated by defendant’s escape and failure to return.
    Escape of defendant, after perfecting appeal from a judgment of conviction,' and failure to return to custody within the time allowed by law, defeats the jurisdiction of the Court of Criminal Appeals to pass on the merits of the case.
    Appeal from District Court, Hunt County ; A. P. Dohoney, Judge.
    Shorty Campbell was convicted of robbery, and appeals. Stricken from docket.
    B. H. Hamilton, Asst. Atty. Gen., for the State.
   MORROW, P. J.

Appellant was convicted of robbery; punishment fixed at confinement in the penitentiary for five years.

After perfecting the appeal, appellant, on the 5th day of March, 1921, escaped, and since that time has been at large. This is made known by the affidavit of the sheriff of Hunt county, which accompanies the state’s motion to dismiss the appeal. The escape and failure to return to custody withi in the time allowed by law operates to defeat the jurisdiction of this court to pass on the merits of the case. ' •

It is therefore ordered stricken from the docket.  