Ballage v. State

OPINION

ONION, Judge.

This is an appeal from a conviction for the possession of marihuana with the punishment assessed by the jury at 15 years.

It has been shown by affidavit of the sheriff of Jefferson County, Texas, dated October 26, 1970, that the appellant Ballage escaped from his custody by force on October 17, 1970, and has not voluntarily returned or been recaptured. At the time of his escape appellant’s appeal was not pending before this court, but the record in such cause was received and filed November 4, 1970. The State has now filed a motion to dismiss the appeal on the ground that…