
    McDaniel v. State.
    (No. 7092.)
    (Court of Criminal Appeals of Texas.
    June 7, 1922.)
    Criminal law <§=^1131 (I) — Appeal abated on defendant’s request.
    Where defendant by affidavit duly sworn requests that he be allowed to withdraw his notice of appeal and accept sentence imposed upon him, the appeal will be abated.
    Appeal from District Court, Taylor County; W. K. Ely, Judge.
    Lewis McDaniel was convicted of forgery, and he appeals.
    Appeal abated.
    E. G. Storey, Asst. Atty. Gen., for the State.
   LATTIMOEE, J.

Appellant was convicted in the district court of Taylor county of the offense of forgery, and his punishment fixed at two years in the penitentiary.

• By affidavit duly sworn to, appellant presents to us his request that he be allowed to withdraw his notice of appeal and to accept sentence, imposed upon him in the trial court. The request is granted, and it is ordered that the appeal herein be abated. 
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