
    Lee MULLENEAUX v. STATE.
    (No. 12090.)
    Court of Criminal Appeals of Texas.
    Oct. 10, 1928.
    A. A. Dawson, State’s Atty., of Austin, for the State.
   MARTIN, J.

OfEense, robbery by assault; penalty, five years in the penitentiary. Upon proper motion ashing for same, supported by affidavit, this appeal is dismissed. Appeal 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.  