
    BURNETT v. STATE.
    (No. 4805.)
    (Court of Criminal Appeals of Texas.
    June 5, 1918.)
    Criminal Law <§==>1070 — Appeal — Abatement.
    A motion to abate by the Assistant Attorney General and the county attorney supported by affidavit of the county attorney and clerk of the district court that appellant is dead will be granted.
    Appeal from District Court, Wise County; P. O. McKinsey, Judge.
    Ben Burnett was convicted of crime, and he appealed.
    Motion to abate granted.
    See, also, 201 S. W. 409.
    Benson & Benson, of Bowie, and Ratliff & Spencer, of Decatur, for appellant. B. B-. Hendricks, Asst. Atty. Gen., for the State.
   PRENDERGAST, J.

The Assistant Attorney General and the county attorney of Wise county have set up that the appellant herein died on May 27, 1918. They thereupon move that this case be abated. To the motion is attached the affidavit of the county attorney and the clerk of the district court of Wise county wherein each swears that the appellant was killed on said date.

The motion to abate will therefore be granted. Pustiofsky v. State, 28 S. W. 947; March v. State, 5 Tex. App. 450. And it is ordered that said case be, and the same is hereby, abated and striken from the docket of this court.  