Offense is murder, penalty assessed at death.

A duly verified affidavit in proper form made by the Sheriff of Harris County has been filed in this court showing the death of appellant pending the appeal of this case. By reason of such fact the appeal must be abated, and it is accordingly so ordered.

Appeal abated.

The foregoing opinion of the Commission of Appeals has been examined by the Judges of the Court of Criminal Appeals and approved by the Court.