Conviction is for burglary; punishment being assessed at six years’ confinement in the penitentiary.

It is made to appear by proper affidavits on file with this court that since perfecting the appeal appellant has escaped from jail in Har-. rison county where he was held pending the appeal. Under the provisions of article 824, C. C. P., such escape ousts this court of jurisdiction.

The appeal is therefore dismissed.