
    Ned COSEY v. STATE.
    (No. 10997.)
    Court of Criminal Appeals of Texas.
    May 25, 1927.
    Appeal from District Court, Wichita County; P.' A. Martin, Judge.
    Mathis & Cal dwell, of Wichita Falls, for appellant.
    Sam D. Stinson, State’s Atty., and Robt. M. Lyles, Asst. State’s Atty., both of Austin, for the State.
   HAWKINS, J.

Conviction is for aggravated assault; the punishment being a fine of $500 and 30 days’ confinement in the county jail. It is made to appear to this court by proper affidavit that since this court obtained jurisdiction appellant was shot and killed on the streets of Wichita Falls, Tex. It is therefore ordered that this appeal be and the same is hereby abated.  