
    SERNA v. STATE.
    (No. 8740.)
    (Court of Criminal Appeals of Texas.
    Feb. 4, 1925.
    Appeal Abated June 9, 1926.)
    Criminal law <&wkey;-ll3l(4).
    Court of Criminal Appeals will dismiss the appeal from judgment of conviction, where a sentence is wanting, in view of Vernon’s Ann. Code Cr. Proe. 1916, art. 856.
    <&wkey;>Por other cases see same topic and KEY-NUMBER in all Key-Numbered Digests and Indexes
    Appeal from Criminal District Court, Kle-berg County; A. W. Cunningham, Judge.
    Servo Serna was convicted of murder, and he appeals.
    Appeal dismissed.
    E. W. Bounds, of Fort Worth, for appellant.
    W. R Jones, of Brownsville, Tom Garrard, State’s Atty., of Lubbock, and Grover C. Morris, Asst. State’s Atty., of Devine, for the State.
   MORROW, P.- J.

The offense is murder; punishment fixed at confinement in the penitentiary for a period of six years. '

A dismissal must be ordered for the want of a sentence. The sentence is the final judgment and is an essential prerequisite to the jurisdiction of this court. See article 856, C. C. P.; Vernon’s Tex. Crim. Stat. 1916, vol. 2, p. 851, and cases-collated; Branch’s Ann. Tex. P. C. p. 338, § 667; also Bennett v. State, 80 Tex. Cr. R. 652, 194 S. W. 145, 148.

The appeal is dismissed.

HAWKINS, J.

By supplemental record accompanying the motion for rehearing it is made to appear that sentence was pronounced against appellant, and the ease would now be entitled to consideration on its merits but for an affidavit from tbe sheriff conveying tbe information that appellant is dead.

Tbe appeal must therefore be abated.  