
    MAUGIA v. STATE.
    (No. 6529.)
    (Court of Criminal Appeals of Texas.
    Jan. 11, 1922.)
    1. Criminal law <@=>l 131 (5) — Appellant’s escape ousted appellate court of jurisdiction.
    Appellant’s escape from jail pending appeal ousted appellate court from jurisdiction, under Code Cr. Proc. 1911, art. 912.
    2. Criminal law <@=> 1131 (7) — Appellate court’s jurisdiction, lost by appellant’s escape, not restored by recapture on following day.
    Jurisdiction of appellate court, lost by appellant’s escape from jail pending appeal, was not restored by recapture on following day.
    Appeal from District Court, Coleman County; J. O. Woodward, Judge.
    J. G. Maugia was convicted of burglary, and he appeals.
    Appeal dismissed.
    T. H. Strong, of Coleman, for appellant.
    R. G. Storey, Asst. Atty. Gen., for the State.
   MORROW, P. J.

The appeal is from a judgment convicting the appellant of the offense of burglary.

The Assistant Attorney General suggests the escape of appellant, attaching the affidavit of the sheriff of Coleman county to the effect that the appellant escaped from jail on the 20th day of December last and was recaptured on the following day. This escape ousted this court of jurisdiction of his appeal. Code of Crim. Proc. art. 912. Jurisdiction is not restored by his recapture. Lunsford v. State, 10 Tex. App. 118; Ex parte Wood, 19 Tex. App. 46; Loyd v. State, 19 Tex. App. 137.

The appeal is dismissed.  