
    Wade BURTON, Appellant, v. STATE of Texas, Appellee.
    No. 21119.
    Court of Criminal Appeals of Texas.
    April 3, 1940.
    Clarke Wills, of Fort Worth, for appellant.
    Lloyd W. Davidson, State’s Atty., of Austin, for the State.
   HAWKINS, Presiding Judge.

Conviction is for murder, punishment assessed being five years’ confinement in the penitentiary.

Since this court acquired jurisdiction of the case appellant has filed his affidavit advising that he does not desire to further prosecute his appeal, and at his request the same is ordered dismissed.  