In this case appellant appeals from a judgment adjudging him guilty of pursuing the occupation of selling intoxicating liquors in prohibition territory.

Accompanying the record is the affidavit of the sheriff of Fannin County testifying that appellant escaped from jail, pending this appeal, and that he did not voluntarily return within ten days from date of his escape. Consequently the motion of the Assistant Attorney-General to dismiss the case is sustained.

The appeal is dismissed.

Dismissed.