Story v. State

Appellant was convicted of murder in the district court of Childress county, and his punishment fixed at 18 years in the penitentiary.

The state moves to dismiss this appeal because of the escape of appellant from custody pending the appeal. Said motion is supported by the affidavits of the sheriffs of Childress and Hall counties. From these we learn that on the night of July 3, 1922, appellant made his escape from the county jail of Hall county, to which he had been transferred from the Childress county jail, while his appeal was pending, and that he was recaptured on the 4th of July in…