Opinion
No. 28515.
October 10, 1956.
Appeal from 63rd Judicial District Court, Val Verde County; Roger Thurmond, Judge.
Jose R. Gonzalez, Arturo C. Gonzalez, Del Rio, O. P. Carillo, San Diego, and Luther E. Jones, Jr., Corpus Christi, for appellant.
Sam B. Burris, Dist. Atty., Alice, Davis Grant, Asst. County Atty., Austin, John Ben Sheppard, Atty. Gen., of Texas, Sam C. Ratliff, Asst. Atty. Gen., of Texas, and Leon B. Douglas, State's Atty., Austin, for the State.
The offense is theft by false pretext; the punishment, five years.
The State has filed a motion, duly verified, asking that the appeal in this case be abated on account of the death of the appellant.
The motion is granted and the appeal is abated.