Appellant was convicted of burglary and his punishment assessed at 12 years in the penitentiary.

It appears by proper proof that after perfecting his appeal to this court, appellant escaped from the custody of the sheriff. It follows that this court , is without jurisdiction to do other than dismiss the appeal. Art.-824, V.A.C.C.P.

The State’s motion to dismiss is granted, and the appeal is dismissed.

Opinion approved by the Court.