Dye v. State

DAVIDSON, Judge.

This is an appeal from a conviction for murder, with punishment assessed at ten years in the penitentiary.

Notice of appeal to this court was given on March 11, 1952, at the time of passage of sentence.

The state moves to dismiss the appeal because of appellant’s escape from custody pending the appeal. As supporting the mo*381tion, the state presents the affidavit of the sheriff of Kaufman County showing that on April 22, 1952, appellant escaped from his jail cell and was thereafter recaptured in another county and returned to custody.

Under the express and mandatory provisions of…