Court of Criminal Appeals of Texas, 1942

Gilstrap v. State

Gilstrap v. State
Court of Criminal Appeals of Texas · Decided February 4, 1942 · Krueger
158 S.W.2d 312; 143 Tex. Crim. 276; 1942 Tex. Crim. App. LEXIS 65 (South Western Reporter, Second Series)

Gilstrap v. State

Opinion of the Court

KRUEGER, Judge.

The offense is robbery with firearms. The punishment assessed is confinement in the State penitentiary for a period of twenty-five years.

*277 It has been made known to this court by the affidavit of the sheriff of Bowie County that on the 7th day of November, 1941, the appellant escaped from the jail of said county, and that he did not voluntarily return within ten days to the custody of the officer from whom he escaped. Under the terms of Article 824, C. C. P., as amended by Acts of 1933, Chap. 34, (Vernon’s Ann. C. C. P., Art. 824) and Art. 825, C. C. P., the escape of appellant deprives this court of jurisdiction of the appeal. It is therefore dismissed.

The foregoing opinion of the Commission of Appeals has been examined by the Judges of the Court of Criminal Appeals and approved by the Court.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.