
    DAVIS v. STATE.
    (No. 10583.)
    (Court of Criminal Appeals of Texas.
    Jan. 19, 1927.
    Rehearing Denied Feb. 16, 1927.)
    1. Criminal law <§=>1131 (I) — Where défendant moved to dismiss appeal under delusive hope of pardon, application to withdraw affidavit, stating he desired dismissal, will be denied.
    Application of defendant to withdraw affidavit, stating that he desired appeal dismissed, will "be denied, where his motion to dismiss was made under delusive hope of pardon.
    On Motion for Rehearing.
    2. Criminal law <§=>! 133 — Motion for rehearing, filed more than 15 days after dismissal of appeal, cannot be considered.
    Where appeal from conviction of theft was dismissed, motion for rehearing, filed one day after the 15 days allowed by statute had expired, cannot be considered.
    Appeal from District Court, Bell County; Lewis H. Jones, Judge.
    James Davis was convicted of theft, and he appeals.
    Appeal dismissed.
    J. F. Sherwood, of Austin, for appellant.
    Sam D. Stinson, State’s Atty., of Austin, - and Robt. M. Lyles, Asst. State’s Atty., of Groesbeck, for the State.
   LATTIMORE, J.

Conviction in district court of Bell county of theft; punishment, two years ih the penitentiary.

On December 30, 1926, this appellant filed in this court his written and sworn affidavit, requesting that his appeal be dismissed and moving this court to dismiss same. He now comes into this court, and says that lie made said motion under a delusive hope of pardon, and requests this court to permit him to withdraw his sworn application to dismiss the appeal. This court must decline to be a party to any such proceeding.. The application of appellant to withdraw his affidavit, stating that he desires his appeal dismissed, will be denied. The sworn request of appellant for a dismissal of his case will be granted.

The appeal is dismissed.

On Motion for Rehearing.

On January 19th this appeal was dismissed by a judgment of this court. On February 5th motion for rehearing was filed. The motion for rehearing was filed 1 day after the 15 days allowed by statute had expired. The motion for rehearing cannot be considered. 
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