
    E. W. Lyed v. The State.
    No. 4267.
    Decided June 19, 1909.
    Murder—Dismissal—Practice on Appeal.
    Where the appellant, convicted of murder in the second degree, requested dismissal of his appeal, in due form, the same will be granted.
    Appeal from the District Court of Hardin. Tried below before the Hon. L. B. Hightower.
    
      Appeal from a conviction of murder in the second degree; penalty, seven years imprisonment in the penitentiary.
    The opinion states the case.
    No brief on file for appellant.
    
      F. J. McCord, Assistant Attorney-General, for the State.
   BROOKS, Judge.

Appellant was convicted of murder in the second degree, and his punishment assessed at seven years confinement in the penitentiary.

Appellant has filed in this court a motion, properly sworn to by him before the District Court of Hardin County, requesting this court to dismiss his appeal, saying that he desires to no further prosecute same. The motion to dismiss the appeal is granted, and the appeal is accordingly dismissed.

Dismissed.  