
    Earl ROOTS v. STATE.
    (No. 10260.)
    (Court of Criminal Appeals of Texas.
    Dec. 22, 1926.)
    Appeal from District Court, East-land County; Elzo Been, Judge.
    Allen D. Dabney and E. A. Hill, both of Eastland, and Sam K. Wasaff, of Dallas, for appellant. Sam D. Stinson, State’s Atty., of Austin, and Robt. M. Lyles, Asst. State’s Atty., of Groesbeek, for the State.
   MORROW, P. J.

The offense is assault with intent to murder; punishment fixed at confinement in the penitentiary for a period of two years. Since the filing of his appeal in this court, appellant has filed a written motion, duly verified, requesting the dismissal of said appeal. The motion is granted, and the appeal is ordered dismissed.  