Escape — Practice on Appeal.
Where it was made to appear by proper affidavit that the appellant has made his escape, pending his appeal, the same is dismissed.
MORROW, JUDGE.
On a former day of the term this case was submitted for decision. It has been made to appear by proper affidavit that the appellant has made his escape, and has not been captured. Under our statute this forfeits his right of appeal.
The appeal will, therefore, be dismissed.
Dismissed.