Court of Criminal Appeals of Texas, 1963

Posey v. State

Posey v. State
Court of Criminal Appeals of Texas · Decided December 11, 1963 · Morrison
373 S.W.2d 248; 1963 Tex. Crim. App. LEXIS 784 (South Western Reporter, Second Series)
Posey v. State

Cases that cite this one

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Opinion of the Court

MORRISON, Judge.

The State moves to dismiss the appeal from a conviction for cattle theft with punishment enhanced by two prior non-capital felony convictions.

It is made to appear by said motion and the affidavit of the Sheriff of Parker County that on November 22, 1963, while this appeal was pending, the appellant escaped from jail and from custody.

The motion is granted, our prior opinion is withdrawn and the appeal is dismissed. (Art. 824 C.C.P.)

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