McCarter v. State

Court of Criminal Appeals of Texas

Decided November 1, 1972

Court of Criminal Appeals of Texas · decided 1972-11-01

Cited by 1 later decisions — most recently April 1978

1 state decisions

Relies on Cuevas v. State · Newton v. State

Good law ✅— No negative treatment on recordhow we know

Decided 1972-11-01

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¶1OPINION

MORRISON, Judge.

¶2The offense is robbery; the punishment, forty (40) years.

¶3The State has filed a motion to dismiss this appeal together with the uncontrovert-ed affidavit of Dallas County Sheriff Clarence Jones which shows that appellant escaped from custody on August 13, 1972, while his appeal was pending before the court and did not voluntarily return to custody within ten days.

¶4Article 44.09, Vernon’s Ann.C.C.P., divests this court of jurisdiction under these circumstances.

¶5The State’s motion to dismiss the appeal is granted and the appeal is dismissed. Articles 44.10, 44.11, V.A.C.C.P.; Holliday v. State, Tex.Cr.App., 482 S.W.2d 215; Cuevas v. State, Tex.Cr.App., 467 S.W.2d 421.