
    Eugene KYLE v. STATE.
    (No. 10341.)
    (Court of Criminal Appeals of Texas.
    Jan. 5, 1927.)
    Commissioner’s Decision. Appeal from District Court, Collin County; F. E. Wilcox, Judge.
    Hughston & Neilson and Moulden & Abernathy, all of McKinney, for appellant. H. Grady Chandler, Co. Atty., and W. C. Dowdy, Asst. Co. Atty., both of McKinney, Sam D. Stinson, State’s Atty., of Austin, and Robt. M. Lyles, Asst. State’s Atty., of Groesbeck, for the State.
   BÉTHEA, J.

Conviction is in the district court of Collin county for the offense of manslaughter; punishment assessed at confinement in the penitentiary for a term of five years. We find in the record an affidavit, made by the appellant in due form, requesting that this appeál be dismissed. The request is granted. The appeal is dismissed.

PER CURIAM. The foregoing opinion of the Commission of Appeals has been examined by the judges of the Court of Criminal Appeals and approved by the court. .  