Conviction is for possessing marijuana, under the provisions of article 725a, P. C., enacted by the Forty-Second Legislature, chapter 97 (Vernon’s Ann. P. C. art. 725a). The punishment is two years in the penitentiary.

By proper affidavit it is made to appear that pending appeal appellant escaped from custody. By the terms of article 824, Code Cr. Proc. 1925, this court is ousted of jurisdiction.

The appeal is therefore dismissed.