Burglary is the offense; penalty assessed at confinement in the penitentiary for two years.

It has been made known to this court by the affidavit' of the sheriff of Kaufman county that the appellant, pending his appeal, escaped from the jail of said county and did not voluntarily return within ten days. By reason of such escape, this court is deprived of jurisdiction of the appeal. See article 824, C. C. P. 1925.

The appeal is ordered dismissed.