1. — Appeal (Dismissal of).
The request for the dismissal of an appeal must be executed by the defendant in person and be properly authenticated.
2. — Same.
A request that the appeal be dismissed which was signed only by defendant's attorney would not be considered.
3. — Intoxicating Liquor.
Where the State's pleadings were in proper form to charge the offense, and there was no statement of facts nor bills of exception in the record, nothing was presented for review, and conviction for possessing for the purpose of sale whisky in a dry area was affirmed.
HAWKINS, Presiding Judge.
Conviction is for possessing for the purpose of sale whisky in a dry area, the punishment assessed being a fine of $100.00.
There appears in the record a request that the appeal be dismissed, but same is signed only by appellant's attorney. A request for dismissal must be executed by the appellant in person and properly authenticated. See 4 Tex. Jur., p. 497, sec. 347; Jennings v. State, 68 Tex.Crim. R., 151 S.W. 1050; Catron v. State, 63 Tex.Crim. R., 140 S.W. 226.
The State's pleadings are in proper form to charge the offense, and there is no statement of facts nor bills of exception in the record. In this condition nothing is presented for review.
The judgment is affirmed.