
    GONZALES v. STATE.
    (Court of Criminal Appeals of Texas.
    March 8, 1911.)
    1. Criminal Law (§ 1131*) — Appeal — Dismissal-Personal Signature of Defendant.
    Where a request for the withdrawal of an appeal in a criminal case is filed after the appeal has been perfected, and the term of court at which the defendant was tried has adjourned, under the rules of court the request must be signed and acknowledged by the defendant.
    [Ed. Note. — For other cases, see Criminal Law, Dec. Dig. § 1131.*]
    2. Criminal Law (§ 1182*) — Appeal—Necessity of Bill of Exceptions — Affirmance.
    Where an appeal in a criminal case is without a bill of exceptions or a statement of facts, and there is no apparent error of record, the judgment will be affirmed.
    [Ed. Note. — For other cases, see Criminal Law, Cent. Dig. § 3203; Dee. Dig. § 1182.*]
    Appeal from District Court, Cameron County; W. B. Hopkins, Judge. •
    Modesto Gonzales was convicted of murder in the second degree, and he appeals.
    Affirmed.
    C. E. Lane, Asst. Atty. Gen., for the State.
   HARPER, J.

In this case appellant was tried in the district court of Cameron county, convicted, and sentenced to 15 years in the penitentiary.

In the record we find the following request: “Now iu the above styled and numbered cause comes the defendant, Modesto Gonzales, by his attorneys, and withdraws Ms appeal in said cause to the Court of Criminal Appeals of the state of Texas”— signed by his attorneys. After an appeal has been perfected, and the term of court at which the defendant .is tried has adjourned, the rules of this court require that, when a request is filed requesting a withdrawal of the appeal, the request must be signed by the defendant in person, and acknowledged before some officer, who must certify that the defendant in person signed the request.

However, in this case there is neither hills of exception nor a statement of facts. The indictment charges the defendant with murder. The charge submits this offense to the jury, and the jury finds the defendant guilty of murder in the second degree.

No error of record being apparent, the judgment is affirmed.  