
    Tom NILES, Appellant, v. STATE of Texas, Appellee.
    No. 23743.
    Court of Criminal Appeals of Texas.
    Oct. 29, 1947.
    No appearance for appellant.
    Ernest S. Goens, State’s Atty., of Austin, for the State.
   HAWKINS, Presiding Judge.

Appellant was convicted of murder without malice and his punishment assessed at five years in the penitentiary.

Upon the overruling of his motion for a new trial he gave notice of appeal to this court. He now files his personal affidavit advising us that he does not desire to further prosecute his appeal and asks that same be dismissed, and a dismissal of the appeal is here ordered at appellant’s request.  