84 Tex. Crim. 503
208 S.W 917
Court of Criminal Appeals of Texas
Decided February 5, 1919
Court of Criminal Appeals of Texas · decided 1919-02-05
<p>Assault to Murder—Death of Appellant—Abatement.</p> <p>Where, pending an appeal from a conviction of assault to murder, the appellant died and this was made to appear by affidavit filed with the record, the appeal is abated.</p>
Decided 1919-02-05
¶1 This appeal is from a conviction for assault to murder, the punishment being assessed at a term in the penitentiary.
¶2 Pending this appeal appellant died. This is made to appear by affidavit filed with the record. Under the authorities the State’s motion to abate the appeal will be granted.
¶3 The appeal, therefore, is abated.
¶4 Abated.