
    PHILLIPS v. STATE.
    No. 22404.
    Court of Criminal Appeals of Texas.
    March 10, 1943.
    Cavett S. Binion, of Fort Worth, for appellant.
    Spurgeon E. Bell, State’s Atty., of Austin, for the State.
   DAVIDSON, Judge.

It is made to appear by proper affidavit that the appellant has died since the notice of appeal was given in this case.

The appeal is therefore abated.

PER CURIAM.

The foregoing opinion of the Commission of Appeals has been examined by the Judges of the Court of Criminal Appeals and approved by the Court.  