
    Frank WILKES v. STATE.
    (No. 9964.)
    (Court of Criminal Appeals of Texas.
    May 19, 1926.)
    Appeal from District Court, Orange County; V. H. Stark, Judge.
    See, also, 280 S. W. 787.
    McCall & Crawford, of Conroe, for appellant. Sam D. Stinson, State’s Atty., of Austin, and Robt. M. Lyles, Asst. State’s Atty., of Groesbeek, for the State.
   HAWKINS, J.

Appellant was under conviction for murder, with the death penalty assessed as punishment. It is shown by proper affidavit that appellant died on March 1, 1926. The appeal is therefore abated.  