
    GREEN v. STATE.
    (No. 7118.)
    (Court of Criminal Appeals of Texas.
    June 14, 1922.)
    Criminal law <®=»l 131 (I)— Defendant’s request to withdraw appeal by affidavit in due form granted.
    Where defendant files affidavit in due form to withdraw appeal, the appeal will be abated.
    Appeal from District Court, Jack County"; F. O. McKinsey, Judge.
    Charley Green was convicted of murder, and he appeals.
    Appeal abated.
    R. G. Storey, Asst. Atty. Gen., for the State.
   LATTIMORE, J.

Appellant was convicted in the district court of Jack county of murder, and his punishment fixed at 10 years in the penitentiary. There appears on file with the papers of this case an affidavit of appellant’s desire to withdraw his appeal. Said affidavit appears to be in due form, and the request of appellant is granted, and the appeal is abated.  