Appeal is from a conviction for rape, with' punishment of ten years in the penitentiary.

It is made to appear by affidavit of the sheriff of Cameron county that on the night of January 10, 1927, appellant escaped from jail where he was confined, pending his appeal. By virtue of article 824, Code of Criminal Procedure (Rev. 1925), such escape ousts this court of jurisdiction.

Therefore the appeal is ordered dismissed.