Z. G. TUCKER, Appellant, v. STATE of Texas, Appellee.
No. 20808.
Court of Criminal Appeals of Texas.
Nov. 1, 1939.
Gray & Pope, of Tyler, for appellant.
Lloyd W. Davidson, State’s Atty., of Austin, for the State.
[MAJORITY — GRAVES, Judge.]
GRAVES, Judge.
Upon appellant’s plea of guilty of the ofifense of theft, and the waiver of a trial by jury, the court assessed his penalty at five years in the penitentiary.
Since his appeal was perfected, the appellant has filed a written request, verified by his affidavit, asking the privilege of withdrawing his appeal. The request is granted and the appeal ordered dismissed,