Redman v. State

OPINION

DOUGLAS, Judge.

Earl Wright Redman was convicted in the 138th District Court of Cameron County, Texas, for robbery by assault; his punishment was assessed at seven years.

A motion to dismiss the appeal, because of Redman’s escape, was filed in the trial court after notice of appeal was given but before the record reached this Court. McGee v. State, Tex.Cr.App., 445 S.W.2d 187, held in a like situation that neither the trial court nor this Court had jurisdiction to dismiss the appeal.

The record on appeal was filed in this Court on December 1, 1969. The affidavit of W. J. Ratliff, Chief…