
    RUTHERFORD v. STATE.
    (No. 5281.)
    (Court of Criminal Appeals of Texas.
    Feb. 5, 1919.)
    Criminal Daw <§=>1070 — Appeal—Abatement.
    Where, pending appeal from a conviction of a felony, defendant died, and that fact was made to appear by an affidavit filed with the record, the state’s motion to abate the appeal will be granted.
    Appeal from District Court, Franklin County; J. A. Ward, Judge.
    Rice Rutherford was convicted of assault to murder, and he appeals.
    Appeal abated.
    E. A. Berry, Asst. Atty. Gen., for the State.
   DAVIDSON, P. J.

This appeal is from a conviction for assault td murder, the punishment being assessed at a term in the penitentiary.

Pending this appeal appellant died. This is made-to appear by affidavit filed with the record. Under the authorities the state’s motion to abate the appeal will be granted.

The appeal therefore is abated. 
      <§=>For other cases see same topic and KEY-NUMBER, in all Key-Numbered Digests and Indexes
     