Davenport v. State

HAWKINS, Judge.

Appellant is under conviction for murder of Sam Rodgers, the punishment being confinement in the penitentiary for ninety-nine years.

The conviction was had in March, 1926. Pending appeal to this court appellant was confined in the jail of Tom Green County in custody of J. R. Hewitt, the sheriff. This officer makes affidavit that appellant and five other prisoners escaped on the night of August 13, 1926, by sawing out of the jail; that appellant was recaptured some two hours later. The affidavit negatives any voluntary surrender to the officer. Article 824 C. C. P. (1925) reads:

“I…