
    Pete MERRITT, Appellant, v. STATE of Texas, Appellee.
    No. 22656.
    Court of Criminal Appeals of Texas.
    Nov. 24, 1943.
    John L. Fowler, of Odessa, for appellant.
    Spurgeon E. Bell, State’s Atty., of Austin, for the State.
   GRAVES, Judge.

Appellant was convicted of assault with intent to murder with malice, and his punishment was assessed at six years’ confinement in the penitentiary.

Since the filing of the record in this court, the appellant has presented a written motion, duly verified, stating that he no longer desires to prosecute the appeal and requesting that the same be dismissed. The motion is granted and the appeal is ordered dismissed.  