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92 Tex. Crim. 589

245 S.W 237

Smith v. State

Court of Criminal Appeals of Texas

Decided November 15, 1922

Court of Criminal Appeals of Texas · decided 1922-11-15

<p>The opinion states the case.</p>

Decided 1922-11-15

MORROW, Presiding Judge.

¶1 — The conviction is for forgery; punishment assessed at confinement in the penitentiary for a period of five years.

¶2 Pending the appeal, appellant escaped from jail. This occurred on October 9, 1922, and appellant remained at large until his apprehension in another State on October 22, 1922. These facts are properly made known by the affidavit of the Sheriff of. Jefferson County.

¶3*590 The escape or failure to voluntarily return within ten days deprives this court of the jurisdiction to entertain the appeal. See .Code of Criminal Procedure, Articles 912 and 913.

¶4 The appeal is dismissed.

¶5 Dismissed.

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