
    Frank WILKES v. STATE.
    (No. 9475.)
    (Court of Criminal Appeals of Texas.
    June 3, 1925.)
    Appeal from District Court, Newton County; V. H. Stark, Judge.
    Jas. P. Rogers, of Houston, and McCall & Crawford, of Conroe, for appellant.
    Tom Garrard, State’s Atty., and Grover C. Morris, Asst. State’s Atty., both of Austin, for the State.
   MORROW, P. J.

The offense is murder; punishment fixed at confinement in the penitentiary for a period of 15 years.

In order that the record of the proceedings in the trial court may be perfected by a judgment nunc pro tunc and proper transcript brought to this court, the appellant has requested permission to withdraw his appeal, and that he • likewise. be permitted to withdraw the transcript to the end that the record may be corrected and the appeal properly perfected.

The motion is granted without prejudice to the, appellant’s right of appeal.

The appeal is therefore dismissed.  