
    FLOURNOY v. STATE.
    (No. 5781.)
    (Court of Criminal Appeals of Texas.
    April 14, 1920.)
    Criminal law <s=ol 131(1) — Appellant from conviction can withdraw appeal on motion.
    Where, since filing of appeal from conviction of manslaughter, defendant has presented his motion, duly sworn to, requesting leave to withdraw the appeal, such motion will be granted, and the appeal dismissed.
    Appeal from District Court, Smith County; J. R. Warren, Judge.
    H. C. Flournoy was convicted of manslaughter, and he appeals.
    Appeal dismissed.
    Johnson & Edwards, of Tyler, for appellant.
    Alvin M. Owsley, Asst. Atty. Gen., for the State. i
    
   BATTIMORE, J.

Appellant was tried in the district court of Smith county, upon an indictment charging him with murder. He was convicted of manslaughter, and his punishment fixed at confinement in the state penitentiary for a term of two years.

Since the filing of this appeal, appellant has presented his motion, duly sworn to,'requesting leave to withdraw the appeal in this case, which is accordingly hereby granted, and the appeal is dismissed.  