
    Leroy McCAIN v. STATE.
    (No. 9620.)
    (Court of Criminal Appeals of Texas.
    Nov. 18, 1925.)
    Appeal from District Court, Kaufman County; Joel R. Bond, Judge.
    Wynne & Wynne, of Kaufman, for appellant. Sam D. Stinson, State’s Atty., of Austin, and Nat Gentry, Jr., Asst. State’s Atty., of Tyler, for the State.
   MORROW, P. J.

The offense is assault with intent to murder; punishment fixed at confinement in the penitentiary for a period of two years. Upon satisfactory information of the death of the appellant, the appeal is abated.  