
    Wade HUTTO, Appellant, v. STATE, Appellee.
    No. 19632.
    Court of Criminal Appeals of Texas.
    March 23, 1938.
    Davis, Avery & Wallace, of Center, for appellant.
    Lloyd W. Davidson, State’s Atty., of Austin, for the State.
   MORROW, Presiding Judge.

Unlawfully driving an automobile upon the public highway while intoxicated is the offense; penalty assessed at confinement in the penitentiary for one year.

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