
    MITCHELL v. STATE.
    (No. 7819.)
    (Court of Criminal Appeals of Texas.
    Oct. 3, 1923.)
    Criminal law &wkey;>1070 — Appeal abated, where appellant at time of bearing has been executed under prior sentence.
    Where, at the time of hearing on appeal, defendant has already been executed under prior death sentence, the appeal will be abated.
    Appeal from District Court, McLennan County; Richard I. Munroe, Judge.
    Roy ¡Mitchell was convicted of .murder, and he appeals.
    Appeal abated.
    R. G. Storey, Asst. Atty. Gen., for the State.
   HAWKINS, J.

Under indictment charging the murder of Harold Bolton, appellant was convicted, and the death penalty assessed. He was also convicted of the murder of another person in the same court, and the death, penalty assessed. The judgment in that case was affirmed .on appeal. Mitchell v. State, 252 S. W. 1117. On July 30, 1923, appellant was executed at Waco..

His death makes the abatement of the appeal in the instant case the proper order, and abatement thereof is directed.  