¶1Appeal is from a conviction for rape, with' punishment of ten years in the penitentiary.
¶2It is made to appear by affidavit of the sheriff of Cameron county that on the night of January 10, 1927, appellant escaped from jail where he was confined, pending his appeal. By virtue of article 824, Code of Criminal Procedure (Rev. 1925), such escape ousts this court of jurisdiction.
¶3Therefore the appeal is ordered dismissed.