
    W. N. KING v. STATE.
    (No. 9776.)
    (Court of Criminal Appeals of Texas.
    Jan. 12, 1927.)
    Appeal from District Court, Fayette County; M. C. Jeffrey, Judge.
    Allan B. Hannay and John M. Mathis, Sr., both of Houston, Geo. Willrieh, of La Grange, C. E. Nesrsta, of San Antonio, and Heidingsfelder, Kahn & Branch, of Houston, for appellant. C. G. Krueger, of Bellville, Fred L. Blundell, Dist. Atty., of Loek-hart, Sam D. Stinson, State’s Atty., of Austin, and Nat Gentry, Jr., Asst. State’s Atty., of Tyler, for the State.
   HAWKINS, J.

Conviction is for murder, with punishment fixed at 25 years in the penitentiary. The judgment of conviction has been affirmed by an opinion of this court heretofore rendered, and appellant filed his motion for rehearing. Pending such motion, he now files his affidavit, advising this court that he desires to abandon his motion, and requests a dismissal of his appeal. Upon such request, the' opinion heretofore rendered is withdrawn, and the appeal ordered dismissed.  