
    Raymond BALLEW, Appellant, v. STATE of Texas, Appellee.
    No. 21515.
    Court of Criminal Appeals of Texas.
    Feb. 5, 1941.
    Jas. C. Mahan, of Childress, and Marvin B. Simpson, of Fort Worth, for appellant.
    Lloyd W. Davidson, State’s Atty., of Austin, for the State.
   HAWKINS, Presiding Judge.

Conviction is for assault to murder without malice, punishment assessed being one year in the penitentiary.

Appellant gave notice of appeal to this ■court, but since the jurisdiction of this court attached appellant has filed his affidavit requesting the court to dismiss the appeal, and at his request it is so ordered.  