¶1Appellant was convicted of the offense of murder without malice, and his punishment was assessed at confinement in the state penitentiary for a term of five years.
¶2We find in the record an affidavit in due form asking that the appeal be dismissed. ,The request is granted.
¶3The appeal is dismissed.
¶4PER CURIAM.
¶5The foregoing opinion of the Commission of Appeals has been examined by the judges of the Court of Criminal Appeals and ap-' proved by the court.