
    CATES v. STATE.
    (No. 6869.)
    (Court of Criminal Appeals of Texas.
    Feb. 22, 1922.)
    Criminal law <@=>l 131 (5) — -Where defendant escapes during appeal, but is recaptured, jurisdiction of appellate court no longer attaches.
    Under Code Cr. Proc. 1911, art. 912, where defendant was convicted of murder, and, after notice of appeal being given on July 7th, court adjourned on' September 3d, and later defendant escaped from custody, but was afterward recaptured, the jurisdiction of the appellate 1 court does not attach because of the escape pending appeal.
    Appeal from District Court, Dubbock County; W. R. Spencer, Judge.
    Sam Cates was convicted of murder, and he appeals.
    Appeal dismissed.
    See, also, 88 Tex. Cr. R. 570, 227 S. W. 953; 89 Tex. Cr. R. 504, 231 S. W. 396.
    R.- G. Storey, Asst. Atty. Gen., for the State.
   HAWKINS, J.

Conviction is for murder. Penalty, 14 years in the penitentiary.

Appellant was tried at the June term of court, 1921. The motion for new trial was overruled, and notice of appeal given on July 7, 1921. Court adjourned on September 3, 1921. It is made to appear that on September 29, 1921, appellant escaped from the jail of Lubbock county, where he was confined, and remained at liberty until January 26, 1922, when he was recaptured and again incarcerated.

Under article 912, C. C. P., the jul-isdiction of this court no longer attaches in view of the escape pending appeal, and the appeal is therefore dismissed.  