
    Robert McCARTY v. STATE.
    (No. 9848.)
    (Court of Criminal Appeals of Texas.
    April 14, 1926.)
    Appeal from Criminal District Court, Tarrant County; Geo. E. Hosey, Judge.
    Harry Myers and W. E. Myres, both of Fort Worth, for appellant.
    Sam D. Stinson, State’s Atty., of Austin, and Nat Gentry, Jr., Asst. State’s Atty., of Tyler, for the State.
   LATTIMORE, J.

Appellant was convicted in the criminal district court of Tarrant county of murder, and his punishment fixed at 47 years in the penitentiary. By proper affidavit, duly executed and filed in this court, it is made to appear that, pending,this appeal, appellant ha3 died. The state’s motion to dismiss the appeal is granted.  