
    PENDERGRASS v. STATE.
    (No. 7397.)
    (Court of Criminal Appeals of Texas.
    Oct. 25, 1922.)
    1. Criminal law i@=»1131 (7)— Appeal dismissed, where appellant escaped, notwithstanding recapture.
    Under Code Cr. Proc. 1911, art. 912, an appeal will be dismissed, where appellant escaped from jail, notwithstanding recapture and return of defendant to custody of jailer, since the recapture was not a voluntary return, and did not reinstate the appeal.
    2. Criminal law 1131 (7) — Jurisdiction of appellate court, lost by escape of defendant, not restored by execution of appeal bond.
    Where the Court of Criminal Appeals lost jurisdiction of appeal by reason of appellant’s escape from jail, under Code Cr. Proc. 1911, art. 912, the subsequent execution of an appeal bond after recapture of defendant did not restore the jurisdiction.
    Appeal from District Court, Hall County; J. A. Nabers, Judge.
    
      ' O. Pendergrass was convicted of forgery, and lie appeals.
    Appeal dismissed.
    W. A. McIntosh and Presler & Hamilton, all of Memphis, for appellant.
    R. G. Storey, Asst. Atty. Gen., for the State.
   HAWKTNS, J.

Upon conviction for forgery, appellant was given three years in the penitentiary.

Motion for new trial was overruled June 27, 1922, and notice of appeal given. Court adjourned June 30th. It is now made to appear by affidavit of the jailer and deputy sheriff that appellant escaped from jail on July 3d, and was recaptured on July 4th, and returned to his custody; that the return was not voluntary on appellant’s part. We find in the record an appeal bond, properly approved, executed on August 5th. The motion to dismiss the appeal must be sustained. By the express terms of article 912, C. C. P., the jurisdiction of this court no longer attached after appellant’s escape. The recapture was not a voluntary return, and did not reinstate the appeal. Ex parte Wood, 19 Tex. App. 46; Loyd v. State, 19 Tex. App. 137; Lunsford v. State, 10 Tex. App. 118. Neither did the appeal bond subsequently entered into restore the jurisdiction of the court.

The appeal is dismissed.  