
    E. G. DAVENPORT v. STATE.
    (No. 9679.)
    (Court of Criminal Appeals of Texas.
    Oct. 21, 1925.)
    Commissioners’ Decision. Appeal from District Court, Hunt County; J. M. Mel-son, Judge.
    Benton Morgan, of Greenville, for appellant. Sam D. Stinson, State’s Atty., of Austin, and Nat Gentry, Jr., Asst. State’s Atty., of Tyler, for the State.
   BAKER, J.

The appellant was convicted in the district court of Plunt county for the theft of an automobile over the value of $50, and: his punishment assessed at two years in the penitentiary. The appellant has duly filed, signed, and sworn to an application herein asking permission to withdraw his appeal. After due consideration of the same, said application is granted, and said appeal is hereby 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.  