
    Roy MITCHELL v. STATE.
    (No. 7818.)
    (Court of Criminal Appeals of Texas.
    Oct. 10, 1923.)
    Appeal from District Court, McLen-nan County; Richard I.. Munroe, Judge.
    R. G. Storey, Asst. Atty. Gen., for the State.
   LATTIMORE, J.

Appellant was convicted in the district court of McLennan county of murder, and his punishment fixed at death.

It appearing to the satisfaction of this court that since the above judgment the accused has been executed, the appeal herein is abated.  