Court of Criminal Appeals of Texas February 20, 1929, No. 12366. (Antwine v. State)

MARTIN, Judge.

— Offense, assault to murder; penalty, two . years in the penitentiary.

Motion is made by the State’s Attorney to dismiss this appeal. This is accompanied by an affidavit from the Jailer and Sheriff of Eastland County, Texas, showing that appellant, since his con

*136

viction and pending this appeal, has escaped from custody and is at large.