
    J. B. RUSSELL v. STATE.
    No. 21215.
    Court of Criminal Appeals of Texas.
    June 12, 1940.
    George S. McCarthy, of Amarillo, for, appellant.
    Lloyd W. Davidson, State’s Atty., of Austin, for the State.
   GRAVES, Judge.

Upon appellant’s plea of guilty of the offense of possessing a narcotic drug, to-wit, marihuana, and the waiver of a trial by jury, the court assessed his penalty at three years’ confinement in the penitentiary.

Since his appeal was perfected, the appellant has filed written request, verified by his affidavit, asking the privilege of withdrawing his appeal. The request is granted and the appeal ordered dismissed.  