Eobbery with firearms is the offense; penalty assessed at confinement in the penitentiary for five years.

*718It lias been made known to tbis court by itbe affidavit of the sheriff of Smith county-that the appellant, pending -the appeal of his case, escaped from jail on November 7, 1931, and did not voluntarily return within fen days thereafter. By reason of such escape this court is deprived of jurisdiction of the appeal. See article 824, C. C. P. 1925.

The appeal is dismissed.