
    TYLER v. STATE.
    (No. 3325.)
    (Court of Criminal Appeals of Texas.
    Oct. 28, 1914.)
    Ceiminal Law (§ 1131) — Appeal—Dismissal — Escape.
    Where accused, pending his appeal, made his escape from custody, and did not voluntarily -return within 10 days, or up to the time of the hearing, the appeal must be dismissed.
    [Ed. Note. — For other cases, see Criminal Law, Cent. Dig. §§ 2971-2979, 2985; Dec. Dig. § 1131.]
    Appeal from District Court, Cherokee County; Lee D. Guinn, Judge.
    Henry Tyler, alias Joe Kenney, was convicted of passing a forged instrument, and he appeals.
    Appeal dismissed.
    C. E. Lane, Asst. Atty. Gen., for the State.
    
      
      For other oases see same topic and section NUMBER in Deo. Dig. & Am. Dig. Key-No. Series & Rep’r Indexes,
    
   DAVIDSON, J.

This conviction was for passing a forged instrument. Pending the appeal, appellant has made his escape from custody. He did not voluntarily return within 10 days, nor has he as yet returned, or had not up to the time of making of the affidavit by the sheriff of his escape. The 10 days had long since expired before the affidavit was made.

Under this showing, the appeal will have to be dismissed.  