Kidwell v. State

Court of Criminal Appeals of Texas

Decided October 12, 1927

Court of Criminal Appeals of Texas · decided 1927-10-12

Relies on 102 Tex. Crim. 37 - Vega v. State

Good law ✅— No negative treatment on recordhow we know

Decided 1927-10-12

How this case has been cited

Cited by 11 later decisions — most recently November 2016

10 state decisions

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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CHRISTIAN, J.

¶1The offense is burglary; the punishment Confinement in the penitentiary for eight years.

¶2It is made to appear by the affidavit of the sheriff that, while in custody pending his appeal, appellant made his escape on May 30, 1927; that he has made no voluntary return; and that he has not been recaptured, and it still at large. These facts deprive this court of jurisdiction to pass upon the merits of the appeal. See articles 824 and 825, C. C. P. (1925); and also Wilford v. State, 102 Tex. Cr. R. 234, 276 S. W. 1104.

¶3The appeal is dismissed.

¶4PER CURIAM. The foregoing opinion of the Commission of Appeals has been examined by the judges of the Court of Criminal Appeals and approved by the court.