
    Fred Dempsey O’BRIEN, Appellant, v. STATE, Appellee.
    No. 25980.
    Court of Criminal Appeals of Texas.
    Oct. 22, 1952.
    McCarthy, Snodgrass & Haynes, George S. McCarthy, Amarillo, for appellant.
    George P. Blackburn, State’s Atty., of Austin, for the State.
   WOODLEY, Commissioner.

The appeal is from a conviction of the misdemeanor offense of driving an automobile upon a public highway while intoxicated, the jury having assessed the punishment at 45 days in jail and a fine of $200.

Appellant’s application in due form asking that the appeal be dismissed is granted. The appeal is dismissed.

Opinion approved by the Court.  