
    CLAY v. STATE.
    (No. 4683.)
    (Court of Criminal Appeals of Texas.
    Oct. 17, 1917.)
    Criminal Law <@=>1131(5) • —Appeal — Dismissal after Appellant’s Escape — Statutes.
    Where the state moves to dismiss appeal from a conviction of burglary on account of appellant’s escape from custody, and, accompanying the motion, there is an affidavit by the sheriff in compliance with Code Cr. Proc. 1911, art. 913, reporting the escape, the appeal will be dismissed pursuant to article 912.
    Appeal from District Court, Grayson County; C.-T. Freeman, Judge.
    Charley Clay was convicted of burglary, and he appeals.
    Appeal dismissed.
    A. P. Caywoód, of Sherman, for appellant. E. B. Hendricks, Asst. Atty. Gen., for the State.
   MORROW, J.

Appellant appeals from a conviction for burglary. The state, through the Assistant Attorney General, has filed a motion to dismiss the appeal on account of the escape of the appellant. Accompanying the motion is an affidavit made by the sheriff, in compliance with article 913 of the Code of Criminal Procedure, reporting the escape of the appellant,- and in consequence of these facts, and in obedience to article 912 of the Code of Criminal Procedure, the appeal is dismissed.  