
    Jose DE PENA v. STATE.
    No. 14291.
    Court of Criminal Appeals of Texas.
    March 11, 1931.
    See, also, 25 S.W.(2d) 1106.
    M. V. Ward and Chas. Owen, both of El Paso, for appellant.
    Lloyd W. Davidson, State’s Atty., of Austin, for the State.
   MORROW, P. J.

The offense is murder; penalty assessed at confinement in the penitentiary for life.

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