The offense is forgery; penalty assessed at confinement in the penitentiary for a period of five years.

It has been made known to this court by the affidavit of the sheriff of Jasper county that the appellant escaped from custody on the 16th of May, 1931, 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.

The appeal is ordered dismissed.