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

On the 12th day of November, 1922, the appellant escaped from jail where he was held in custody awaiting the result of his appeal.

The fact of the escape, and of no voluntary return having been made within the time allowed by law is revealed by the affidavit of the Sheriff of Lubbock County.

The motion of the State to dismiss the appeal is granted.

Dismissed.