The opinion
OPINION ON MOTION TO DISMISS WHILE ON REHEARING
ONION, Judge.
It has been made to appear by motion to dismiss this appeal filed by our State’s Attorney supported by affidavits that after the appeal was filed in this Court and while motion for rehearing was pending before this Court, the appellant escaped from the Tom Green county jail on June 18, 1970, and was at large until he was apprehended some eight miles from the said jail and returned to custody during the early morning hours of June 19, 1970.
The appeal should be dismissed under the provisions of Articles 44.09 and 44.10, Vernon’s Ann.C.C.P., and under the holdings of this Court in McGee v. State, 436 S.W.2d 340 ; Leopard v. State, 429 S.W.2d 150 and Vaughn v. State, 456 S.W.2d 141 .
The State’s motion to dismiss is granted and the appeal is dismissed.