
    Mrs. Ellen ROBERTS v. STATE.
    (No. 9959.)
    (Court of Criminal Appeals of Texas.
    Feb. 3, 1926.)
    Appeal from District Court, Wood County; J. R. Warren, Judge.
    M. D. Oarlock, of Winnsboro, for appellant.
    Sam D. Stinson, State’s Atty., of Austin, and Nat Gentry, Jr., Asst. State’s Atty., of Tyler, for the State.
   HAWKINS, J.

The conviction was for an aggravated assault, with punishment fixed at 30 days’ confinement in the county jail and a fine of $100. Proper showing is made to this court by affidavit that, since the appeal was perfected, appellant has died. It is therefore ordered that the appeal be abated.  