Conviction is for burglary; penalty assessed at confinement in the penitentiary for 2 years.

By the affidavit of the sheriff of Kerr county it is made to appear that on the night of June 17, 1932, appellant broke and escaped from jail, and has not voluntarily returned.

Under the provisions of article 824, Code Cr. Proc. 1925, the appeal will be dismissed, and it is so ordered.