
    Clem Gray v. The State.
    No. 8441.
    Delivered April 22, 1924.
    Burglary — Appeal Withdrawn.
    The desir.e of appellant to withdraw his appeal is evidenced by an affidavit in proper form, which is on file in the record in this case. In conformity with the request the appeal is dismissed.
    Appeal from the District Court of Upshur County. Tried below before the Hon. J. R. "Warren, Judge.
    Appeal from a conviction of burglary; penalty, ten years in the penitentiary.
    No brief filed for appellant.
    
      Tom Garrard, State’s Attorney, and Grover C. Morris, Assistant State’s Attorney, for the State.
   LATTIMORE, Judge.

Appellant was convicted in the district court of Upshur County of burglary, and his punishment fixed at ten years in the penitentiary.

The desire of appellant to withdraw his appeal is evidenced by an affidavit in proper form which is on file in the record in this case. In conformity with the request, the appeal is dismissed.

Dismissed.  