Steese v. State

DICE, Judge.

The conviction is for robbery by assault with two prior con victions for felonies less than capital alleged for enhancement; the punishment, life imprisonment.

The state moves to dismiss the appeal because of the appellant’s escape from custody pending the appeal. It is shown by the affidavit of Sheriff Owen Kilday of Bexar County that on August 29, 1960, appellant escaped from custody but was recaptured by the officers on August 30, 1960, and is now confined in the Bexar County jail. Under the discretion vested in this court by Article 824, V.A.C.C.P., where punishment of life…