Forsom v. State

MORROW, Presiding Judge.

The offense is burglary; penalty assessed at confinement in the penitentiary for a period of two years.

There has been filed the affidavit of the sheriff of Clay county in accord with article 824, C. C. P., 1925, showing the escape of the accused on the 6th day of April, 1931, and his capture and re-incarceration on the 8th of that month.

The appellant has filed a controverting affidavit admitting the escape but claiming a voluntary return. The facts set up in his affidavit, considered in their strongest light in his favor, do not show a voluntary return. In his flight…