Unlawfully transporting intoxicating liquor is the offense; penalty assessed at confinement in the penitentiary for five years.

It has been- made known to this court by the affidavit of the sheriff of Freestone county that the appellant, pending his appeal, escaped from the jail of said county, and has not voluntarily returned within ten days. Said escape ousts this court of jurisdiction of the appeal. See article 824, C. C. P.

The appeal is ordered dismissed.