Avery v. State

LATTIMORE, J.

Conviction for arson; punishment, six years in the penitentiary.

We find filed in this record on September 21, 1931, an affidavit by the sheriff of Childress county, the county in which conviction was had setting forth that appellant had escaped from the custody of said officer and has been at large since said time. Under such circumstances it becomes our duty to dismiss the appeal in this case, and it is accordingly so ordered.