After the judgment of conviction had been affirmed, 171 S.W.2d 880, appellant was granted a writ of certiorari by the Supreme Court of the United States. Later the petition for certiorari was dismissed, 64 S.Ct. 72, 88 L.Ed. -, upon application of counsel for appellant, thus the jurisdiction of this court re-attached.

It is made known to the court that appellant has died pending this appeal and same is here now abated.