Appellant was convicted in the district court of Franklin county of manufacturing intoxicating liquor, and his punishment fixed at two years in the penitentiary.

*543 We have filed with the clerk of our court an affidavit in due form certifying to the fact that on March 10, 1925, the appellant died. It is shown that lie is the same party who was convicted and has appealed in this case. Being satisfied as to the correctness of the statements contained in said affidavit, the appeal will he ordered dismissed.

Dismissed.