
    Orville RATLEY, Appellant, v. STATE, Appellee.
    No. 21697.
    Court of Criminal Appeals of Texas.
    June 25, 1941.
    Taylor, Irwin & Irwin, of Dallas, for appellant.
    Spurgeon E. Bell, State’s Atty., of Austin, for the State.
   DAVIDSON, Judge.

The offense is burglary. The punishment assessed is confinement in the state penitentiary for a period of five years.

Appellant has filed his affidavit stating that he no longer desires to prosecute and desires to withdraw his appeal.

The motion is granted and the appeal dismissed.

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.  