It having been suggested that the defendant has died since appeal herein was docketed and argued in this Court, the action stands abated and the appeal must be dismissed. It is so ordered. In re LeFevre, 243 N.C. 714, 91 S.E. 2d 926; 24A C.J.S., Criminal Law, § 1825(3), page 483.

Action abated.

Appeal dismissed.