Valenzuela v. State

DAVIDSON, Judge.

This is a conviction for robbery by assault, with punishment assessed at confinement in the penitentiary for life, so fixed by reason of a prior conviction for an offense of the same nature.

*624At the outset, we are met with the motion of the state to dismiss the appeal because of the escape of the appellant pending the appeal.

Whether the appellant effected his escape within the meaning of that term as announced in Loyd v. State, 19 Tex. App. 137, and Johnson v. State, 41 Tex. Cr. R. 9, 51 S. W. 911 and 54 S. W. 598, is such a close question that we have decided the motion to…