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. Rep., 1117).
On July 30th, 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.
Abated.