
    Charley AKIN v. STATE.
    (No. 10757.)
    (Court of Criminal Appeals of Texas.
    Jan. 12, 1927.)
    Appeal from District Court, Coleman County; J. O. Woodward, Judge.
    Grita & Woodward, of Coleman, for appellant. Sam D. Stinson, State’s Atty., of Austin, and Robt. M. Lyles, Asst. State’s Atty., of Groesbeck, for the State.
   MORROW, P. J.

The conviction is for assault to mui'der; punishment fixed at confinement in the penitentiary for a period of five years. Upon the written request of the appellant, duly verified by his affidavit, the appeal is ordered dismissed.  