Rutherford v. State , 84 Tex. Crim. 503 ( 1919 )

DAVIDSON, Presiding Judge.

This appeal is from a conviction for assault to murder, the punishment being assessed at a term in the penitentiary.

Pending this appeal appellant died. This is made to appear by affidavit filed with the record. Under the authorities the State’s motion to abate the appeal will be granted.

The appeal, therefore, is abated.

Abated.