
    Wilbur ELLIS v. STATE.
    (No. 11490.)
    Court of Criminal Appeals of Texas.
    May 2, 1928.
    Appeal from District Court, Bexar County;
    C. J. Matthews, Special Judge. Dave Watson, of San Antonio, for appellant. Lamar Seeligson, Dist. Atty., of San Antonio, and A. A. Dawson, State’s Atty., of Austin, for the State.
   MORROW, P. J.

The conviction is for forgery; punishment fixed at confinement in the penitentiary for .a period of two years. Since the affirmance of the case, and within the time allowed for the filing of a motion for rehearing, the appellant has filed a written request, verified by his affidavit, to withdraw the appeal. The judgment of affirmance is therefore set aside, and the appellant’s motion to dismiss the appeal is granted.  