Opinion
No. 18753.
Delivered October 28, 1936.
Robbery.
Where the indictment appeared regular and record was before Court of Criminal Appeals without statement of facts or bills of exception, conviction for robbery was affirmed as to defendant Myers, and as to defendant Owen appeal dismissed upon his verified affidavit stating that he desired to withdraw his appeal.
Appeal from the District Court of Oldham County. Tried below before the Hon. Reese Tatum, Judge.
Appeal from conviction for robbery; penalty, confinement in penitentiary for fifteen years.
Affirmed as to defendant Myers. Dismissed as to defendant Owen.
The opinion states the case.
Culwell Culwell, of Amarillo, for appellant.
Lloyd W. Davidson, State's Attorney, of Austin, for the State.
The offense is robbery; penalty assessed at confinement in the penitentiary for fifteen years.
The indictment appears regular. The record is before us without statement of facts or bills of exception.
Accompanying the record is the affidavit of J. D. Owen, one of the appellants, duly verified, stating that he desires to withdraw his appeal. The request is granted as to this appellant and the appeal is ordered dismissed.
As to the appellant Fred Myers the judgment of the trial court is affirmed.