Conviction is for murder; punishment fixed at confinement in the penitentiary for a period of five years.

Charging that the appellant has made his escape and has not returned to custody, the Assistant Attorney General moves that the appeal be dismissed. Accompanying the motion are affidavits of the Sheriff of Stephens County, in which the fact charged is made to appear.

In accord with the statute, Article 912 of the Penal Code, the appeal is dismissed.

Dismissed.