Williams v. State, 41912
Decision Date | 19 February 1969 |
Docket Number | No. 41912,41912 |
Citation | 437 S.W.2d 568 |
Parties | Everett E. WILLIAMS, Appellant, v. The STATE of Texas, Appellee. |
Court | Texas Court of Criminal Appeals |
No attorney of record on appeal for appellant.
John Lindsey, Dist. Atty., Weatherford, and Jim D. Vollers, State's Atty., Austin, for the State.
The offense is felony theft; the punishment, four years.
It is shown by affidavit of the Parker County sheriff that on April 24, 1968, appellant was delivered to the sheriff of Johnson County upon a Bench Warrant issued by the District Court of Johnson County. It is further shown by affidavit of the sheriff of Johnson County that on May 15, 1968, appellant escaped from his custody. He was subsequently re-captured in the State of Colorado and was returned to the custody of the sheriff of Parker County on November 13, 1968.
Art. 44.09, Vernon's Ann.C.C.P., provides:
Not having voluntarily returned to the custody of the sheriff of Johnson County, within ten days after his escape, the State's motion to dismiss the appeal, as provided in Art. 44.09, supra, is granted.
It is so ordered.
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Samuel v. State
...v. State, 172 Tex.Cr.R. 303, 356 S.W.2d 679 (1961); 4 Branch's Ann.P.C., 2d ed., Secs. 1812--1815, pp. 172--175. See also Williams v. State, 437 S.W.2d 568. Conceding that the punishment assessed is within the range of penalty prescribed by the Legislature in Article 1160, Vernon's Ann.P.C.......