
    Rex RUTLAND v. STATE.
    (No. 8158.)
    (Court of Criminal Appeals of Texas.
    Oct. 24, 1923.)
    Appeal from District Court, Harrison County; P. O. Beard, Judge.
    R. G. Storey, Asst. Atty. Gen., for the State.
   LATTIMORE, J.

Appellant was convicted in the district court of Harrison county of the offense of manufacturing intoxicating liquor, and his punishment fixed at three years in the penitentiary.

Affidavits properly sworn to have been filed in this case showing the death of the appellant on the 28th day of September, 1923. The appeal, therefore, will be hbated.  