¶1The offense is burglary; punishment fixed at confinement in the penitentiary for a period of 10 years.
¶2It is made known to this court by the affidavit of the sheriff of Dallas county that on the .night of November 14, 1927, appellant escaped from jail where he was confined pending his appeal, and has not returned *61within 10 days. Under these circumstances, this court is without jurisdiction to consider the appeal (article 824, C. C. P. 1925), and it is therefore dismissed.