
    C. T. Tittle v. The State.
    No. 9148.
    Delivered March 25, 1925.
    Manufacturing Intoxicating Liquors — Death of Appellant.,
    Where pending an appeal it is made known to the court hy an affidavit in due form that the appellant has died, the appeal will he dismissed, and it is so ordered in this case.
    Appeal from the District Court of Franklin County. Tried below before the Hon. R. T. Wilkinson, Judge.
    Appeal from a conviction for manufacturing intoxicating liquor; penalty, two years in the penitentiary.
    No brief filed by appellant.
    
      Tom Garrard, State’s Attorney, and Grover C. Morris, Assistant State’s Attorney, for the State.
   LATTIMORE, Judge.

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

We have filed with the clerk of our court an affidavit in due form certifying to the fact that on March 10, 1925, the appellant died. It is shown that lie is the same party who was convicted and has appealed in this case. Being satisfied as to the correctness of the statements contained in said affidavit, the appeal will he ordered dismissed.

Dismissed.  