
    GREEN v. STATE.
    (No. 6736.).
    (Court of Criminal Appeals of Texas.
    March 15, 1922.)
    Criminal law <&wkey;l 131 (5) — Appeal dismissed on appellant’s escape pending appeal.
    Under Vernon’s Ann. Code Cr. Proc. 1916, art. 912, an appeal will be dismissed on appellant’s escape from custody without recapture pending appeal.
    Appeal from Criminal District Court, Bowie County; P. A. Turner, Judge.
    Cal Green was'convicted of selling intoxicating liquor, and he appeals.
    Appeal dismissed.
    Keeney & Dalby, of Texarkana, for appellant.
    R. G. Storey, Asst. Atty. Gen., for the State.
   HAWKINS, J.

Conviction is for selling intoxicating liquor. Punishment was assessed at confinement in the penitentiary for three years.

It is made to appear by proper affidavit that appellant, who was held in custody by the sheriff of Bowie county, Tex., pending the appeal of this case, escaped therefrom on the 9th day of March, 1922, and still remains at large.

The appeal is therefore dismissed under the provisions of article 912, Vernon’s C. C. P.  