Singleton v. State

The offense is forgery; the punishment confinement in the penitentiary for five years.

Motion to dismiss the appeal upon the ground of appellant’s escape from custody after the jurisdiction of this court had attached is filed by the state. It appears from the sheriff’s affidavit that appellant escaped from custody after his appeal to this court had been perfected, and that he did not voluntarily return within 10 days to the custody of the officer from whom he escaped.

Article 824, C. C. P., provides: “If the defendant, pending an appeal in a felony ease, makes his escape from custody, the…