
    HURVEY et al. v. STATE.
    No. 16382.
    Court of Criminal Appeals of Texas.
    Dec. 20, 1933.
    W. B. Howard, of Childress, for appellants.
    Lloyd W. Davidson, State’s Atty., of Austin, for the State.
   LATTIMORE, Judge.

■Conviction for burglary; punishment, two years in the penitentiary.

This case is docketed on our dockets in the name of L. C. Hurvey and Tommie Lewis. An inspection of the record shows that Hur-vey made no motion for a new trial and gave no notice of appeal. Tommie Lewis alone took such steps. An affidavit in due form is now made and filed with the clerk of this court showing that pending this appeal Tommie Lewis has made his escape. F'or this reason, and owing to the further fact that Hur-vey did not appeal, the appeal as to both said parties will be dismissed.  