Conviction is for theft of property of more than $50 in value; punishment assessed being confinement in the penitentiary for six years.

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 ease was finally disposed of. Under the provisions of article 824, C. C. P., said escape terminates the jurisdiction of this court.

The appeal is ordered dismissed.