Art. 44.10. SHERIFF TO REPORT ESCAPE.  When any such escape occurs, the sheriff who had the prisoner in custody shall immediately report the fact under oath to the district or county attorney of the county in which the conviction was had, who shall forthwith forward such report to the State prosecuting attorney.  Such report shall be sufficient evidence of the fact of such escape to authorize the dismissal of the appeal.
Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.