Conviction is for assault with intent to commit the offense of robbery; punishment • being assessed at six and a half years’ confinement in the penitentiary.

It is made known to the court by proper affidavit that, pending the appeal, appellant escaped from the jail of Clay county where he was being held until the case was finally disposed of. Under the provisions of article 824, O. C. P., said escape terminates the jurisdiction of this court.

The appeal is ordered dismissed.