Acosta and Rosas v. State

HARPER, Judge.

Appellants were convicted under an indictment charging them with robbery, and their punishment assessed at five years-confinement in the penitentiary.

Since said conviction, and while this case was pending in this court on appeal, it is made to appear by affidavits on file that appellant Samual Rosas has escaped from custody. The State’s motion to dismiss the appeal as to said appellant is, therefore, sustained, and this cause dismissed as to said appellant Samual Rosas.

There are no bills of exception in the record. The special charges requested by appellant were all given,…