
    McAllen SMITH, Appellant, v. STATE of Texas, Appellee.
    No. 23773.
    Court of Criminal Appeals of Texas.
    June 4, 1947.
    No appearance for appellant.
    Ernest S. Goens, State’s Atty., of Austin, for the State.
   KRUEGER, Judge.

The offense is driving while intoxicated. The punishment assessed is confinement in the state penitentiary for a period of three years.

Upon the application of the appellant, duly verified, in which he requests this Court to dismiss his appeal, the application is granted and the appeal of the appellant is 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.  