
    ADCOCK, Appellant, v. STATE of Texas, Appellee.
    No. 24087.
    Court of Criminal Appeals of Texas.
    June 2, 1948.
    Rehearing Denied June 23, 1948.
    No appearance for appellant.
    Ernest S. Goens, State’s Atty., of Austin, for the State.
   HAWKINS, Presiding Judge.

Upon a plea of guilty to selling whisky in dry area appellant was fined $150.00.

The prosecution originated in the county court. No information was ever filed. Appellant has filed in this court a request to withdraw his appeal.

In all respects the record before us in this case reflects the same situation and procedure found in Cause No. 24086, 212 S.W.2d 175, against the same appellant, which cause was this day reversed and remanded. Reference is made to the opinion in No. 24,086 for the reasons for such action.

Appellant’s request to dismiss his appeal is refused and the judgment is reversed and the cause remanded.

On Motion for Rehearing.

KRUEGER, Judge.

Appellant filed a motion for a rehearing in this case based on the same claimed error asi in the case of Adcock v. State, No. 24086, 212 S.W.2d 175. What we have said in disposing of his motion in that case applies to the instant case.

The motion for rehearing is overruled.

PER CURIAM.

The foregoing opinion of the Commission of Appeals has been examined by the Judges of the Court of Criminal Appeals and approved by the Court.  