
    H. L. BUTLER v. STATE.
    (No. 10055.)
    (Court of Criminal Appeals of Texas.
    Feb. 3, 1926.)
    Appeal from Criminal District Court, Dallas County; Eelix D. Robertson, Judge.
    McNees, Roberts & Christopher, of Dallas,, for appellant.
    Sam D. Stinson, State’s Atty., of
    Austin, and Nat Gentry, Jr., Asst. State’s Atty., of Tyler, for the State.
   LATTIMORE, J.

The conviction was for burglary in criminal district court of Dallas county, with punishment fixed at three years in the penitentiary. In an Affidavit in proper form appellant signifies a desire to have this appeal dismissed, in order that he may accept the sentence of the. court below. The request is granted. The appeal is dismissed.  