
    Ex parte GURLEY.
    (No. 10245.)
    (Court of Criminal Appeals of Texas.
    May 12, 1926.
    Original Opinion Withdrawn and Appeal Dismissed June 23, 1926.)
    Criminal law <&wkey;II3l(5), 1191 — Judgment, discharging defendant from custody will be withdrawn and appeal dismissed, where he escapes pending hearing of state’s motion for rehearing.
    Where defendant escapes pending hearing of state’s motion for rehearing before issuance of mandate to discharge Mm and is still at large, judgment discharging him will be withdrawn and appeal dismissed.
    Appeal from District Court, Bowie County; R. J. Williams, Judge.
    Application by A. J. Curley for writ of habeas corpus. Prom judgment remanding applicant to custody, he appeals.
    Appeal dismissed on motion for rehearing.
    Sid Crumpton and L. .0. Boswell, both of Texarkana, for appellant.
    Sam D. Stinson, State’s Atty., of Austin, and Robt. M. Lyles, Asst. State’s Atty., of Groesbeck, for the State.
   LATTIMORE, J.

This court handed down its original opinion herein on May 12, 1926, at which time appellant was in the custody of the proper officers of Bowie county, Tex. Within 15 days after our opinion was handed down, the state had duly filed its motion for rehearing herein, as it was authorized by law to do. *No mandate of this court had been issued to the court below directing a discharge of the appellant. The case was and is still pending on the dockets of this court. We are informed by proper affidavits by officials of Bowie county that pending tbe bearing of said motion of tbe state and final decision of tbe questions relative to appellant’s right to be released from custody, be has made bis escape from tbe officers and has not been recaptured, but, is still at large.

Tbe judgment heretofore rendered in this case is withdrawn, and tbe appeal will now be dismissed. 
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