
    Roy SMITH v. STATE.
    (No. 10377.)
    (Court of Criminal Appeals of Texas.
    Dec. 8, 1926.)
    Appeal from District Court, Caldwell County; M. C. Jeffrey, Judge.
    .Warren W. Moore, of Austin, and Taylor, Muse & Taylor, of Wichita Falls,, for appellant. Sam D. Stin-son, State’s Atty., of Austin, and Robt. M-. Lyles, Asst. State’s Atty., of Groesbeck, for the State.
   MORROW, P. J.

The offense is murder; punishment fixed at confinement in the penitentiary for a period of 45 years. Since the filing of his appeal in this court, appellant has filed a written motion, duly verified, requesting the dismissal of said appeal. The motion is granted and the appeal is ordered dismissed.  