The offense is burglary; punishment fixed at confinement in the penitentiary for a period of two years.

We find the affdavit of the sheriff of Van Zandt County showing . that appellant escaped from custody on the 12th day of May, and that he had not voluntarily returned on the date of the affidavit, which was made on June 10, 1923.

Upon these facts the statute requires a dismissal of the appeal, and it is so ordered.

Dismissed.