The conviction is for murder; penalty assessed at confinement in the penitentiary for a period of ninety-nine years.

It has been made known to this court by affidavit that the appellant, H. W. Middleton, died on the 14th day of November, 1931.

Because of the death of the appellant, the opinion of this court ordering an affirmance of the judgment is withdrawn, and the appeal is dismissed.