
    Elzy SIMMONS v. STATE.
    (No. 10754.)
    (Court of Criminal Appeals of Texas.
    Jan. 12, 1927.)
    Appeal from District Court, Potter County; Henry S. Bishop, Judge.
    Mays & Mays, of Fort Worth, for appellant. Sam D. Stinson, State’s Atty., of Austin, and Robt. M. Lyles, Asst. State’s Atty., of Groesbeek, for the State.
   HAWKINS, J.

Upon trial under an indictment charging assault with intent to murder, appellant was convicted of aggravated assault, and his punishment assessed at confinement in the county jail for one year. He now files his affidavit in this court, advising that he no longer desires to prosecute his appeal, and requesting that the same be dismissed. In compliance with such request, it is so ordered.  