
    CALLAHAN v. STATE.
    (No. 6585.)
    (Court of Criminal Appeals of Texas.
    June 14, 1922.)
    Criminal law <§=»! 131 (5) — -Appeal dismissed for want of jurisdiction after escape-, of accused.
    - Under Code Cr. Proc. art. 912, the jurisdiction of the Court of Criminal-Appeals no longer attaches after the escape of accused from jail pending the appeal, and the appeal will be dismissed on a showing of such escape.
    Appeal from District Court, Stephens County; C. O. Hamlin, Judge.
    O. E. Callahan was convicted of theft, and he appeals.
    Appeal dismissed.
    R. G. Storey, Asst Atty. Gen., for the State.
   HAWKINS, J.

At the May term, 1921, of the district court for Stephens county appellant was convicted of theft of property of more than $50 in value, and condemned to the penitentiary for eight years. He appealed to this court, and was liberated pending the appeal upon entering into recognizance.

It is now made to appear that his sureties, desiring to be released from liability on the recognizance, surrendered him to the sheriff of Stephens county, who placed him in jail. On the 21st day of May, 1921, he escaped from jail pending this appeal, and has remained at large since that time. Under the provisions of article 912, C. C. P., the jurisdiction of this court no longer attaches, and the appeal is therefore dismissed. 
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