McGee v. State

Court of Criminal Appeals of Texas

Decided January 29, 1969

Court of Criminal Appeals of Texas · decided 1969-01-29

Cited by 4 later decisions — most recently July 1970

4 state decisions

Relies on Leopard v. State

Good law ✅— No negative treatment on recordhow we know

Decided 1969-01-29

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¶1 OPINION

BELCHER, Judge.

¶2 The conviction is for the offense of robbery; the punishment twenty-five years.

¶3 It is shown by affidavit of the sheriff of Tarrant County, Texas, that on January 11, 1969, James Earl McGee, the appellant in this cause, escaped from his custody, and has not voluntarily returned or been recaptured. At the time of his escape the appellant’s appeal was pending before this court. The state moves to dismiss the appeal. Arts. 44.09 and 44.10, Vernon’s Ann. C.C.P.; Leopard v. State, Tex.Cr.App., 429 S.W.2d 150.

¶4 The state’s motion is granted.

¶5 The appeal is dismissed.

DOUGLAS, J., not participating.