
    Theodore MILLER v. STATE.
    No. 17920.
    Court of Criminal Appeals of Texas.
    Dec. 18, 1935.
    Harris & Plarris and E. H. Smartt, all of Austin, for appellant.
    Lloyd W. Davidson, State’s Atty., of Austin, for the State.
   MORROW, Presiding Judge.

Assault with intent to murder is the offense; penalty assessed at confinement in the penitentiary for five years.

Upon the written request of the appellant, duly verified by his affidavit, the appeal is dismissed.  