
    GILES v. STATE.
    No. 17201.
    Court of Criminal Appeals of Texas.
    Nov. 7, 1934.
    Hill D. Hudson, of Pecos, for appellant.
    Lloyd W. Davidson, State’s Atty., of Austin, for tbe State.
   MORROW, Presiding Judge.

Tbe conviction is for burglary; penalty assessed at confinement in tbe penitentiary for twelve years.

Since tbe record reached tbis court on September 8, 1934, it has been made to appear by proper affidavit that, while confined in jail-awaiting . tbe result of his appeal, tbe appellant escaped from jail on October 7, 1934; that at tbe time of tbe filing of the state’s motion to dismiss tbe appeal on October 20, 1934, tbe appellant bad not been recaptured, nor bad he-..voluntarily returned to custody. Under tbe provisions of article 824, O. C. P., as amended by Acts of 1933, chap. 34 (Vernon’s Aim. Cl Cl P. arts. 824), and'article 825, such escape makes it obligatory upon this court to dismiss tbe appeal, which is accordingly done. ■  