
    Homer MARTIN, Appellant, v. STATE of Texas, Appellee.
    No. 20854.
    Court of Criminal Appeals of Texas.
    Nov. 22, 1939.
    Floyd Jones, of Breckenridge,- for appellant.
    Lloyd W. Davidson, State’s Atty., of Austin, for the State.
   HAWKINS, Presiding Judge.

• Conviction is for driving an automobile upon a public highway while appellant was intoxicated, punishment being a fine of $75 and five days in jail.

Since perfecting his appeal appellant has filed his affidavit advising that he does not desire to further prosecute his appeal, and at his request same is dismissed.  