Walkouiak v. State
385 S.W.2d 400
Tex. Crim. App.
1965
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WOODLEY, Judge.

Subsequent to the affirmance of the conviction for driving while intoxicated, with punishment assessed at 5 days in jail and a fine of $50, and while the appeal was pending on appellant’s motion for rehearing, the *401appellant filed his affidavit requesting1 the dismissal of the appeal.

The request is granted. The prior opinion is withdrawn; the affirmance is set aside, and the appeal is now dismissed.