
    HUNTER v. STATE.
    (No. 7472.)
    (Court of Criminal Appeals of Texas.
    Dec. 13, 1922.)
    Criminal law &wkey;>l 131 (5) — Where accused escaped from jail, and failed to return voluntarily within time allowed by law, his appeal will be dismissed.
    Where the affidavit of the sheriff shows that defendant escaped from jail and did not voluntarily return within the time allowed by law, the state’s motion to dismiss the appeal will be granted.
    Appeal from District Court, Lubbock County; W. R. Spencer, Judge.
    S. Hunter, alias Shorty Hunter, was convicted of theft, and appeals.
    Appeal dismissed.
    Bledsoe & Mullican and Vickers & Campbell, all of Lubbock, for appellant.
    R. G. Storey, Asst. Atty. Gen., for the State.
   MORROW; P. J.

Conviction is for theft; punishment fixed 'at confinement in the penitentiary for a period of four years.

On the 12th day of November, 1922, the appellant escaped from jail, where he was held in custody awaiting the result of his appeal. The fact of the escape, and of no voluntary return having been made within the time allowed by law, is revealed by the affidavit of the sheriff of Lubbock county.

The motion of the state to dismiss the appeal is granted.  