
    Z. G. TUCKER, Appellant, v. STATE of Texas, Appellee.
    No. 20808.
    Court of Criminal Appeals of Texas.
    Nov. 1, 1939.
    Gray & Pope, of Tyler, for appellant.
    Lloyd W. Davidson, State’s Atty., of Austin, for the State.
   GRAVES, Judge.

Upon appellant’s plea of guilty of the ofifense of theft, and the waiver of a trial by jury, the court assessed his penalty at five years in the penitentiary.

Since his appeal was perfected, the appellant has filed a written request, verified by his affidavit, asking the privilege of withdrawing his appeal. The request is granted and the appeal ordered dismissed,  