Appeal Dismissed — Request of Appellant.
Where the record was before the appellate court without a statement of facts or bills of exception, the judgment of the trial court was affirmed, but, subsequently, appellant filed an affidavit advising that he desired to withdraw his appeal, judgment of affirmance was withdrawn, and the appeal dismissed at appellant's request.
HAWKINS, Presiding Judge.
Conviction is for murder; punishment assessed at fifty years in the penitentiary.
The record is before us without statement of facts or bills of exception, and on March 19, 1941, the judgment of the trial court was affirmed.
Appellant has now filed in this court his affidavit advising that he desires to withdraw his appeal in said cause. It is therefore ordered that the judgment of affirmance be withdrawn and the appeal is dismissed at appellant's request.