This appellant was, on the 8th day of April, 1927, convicted of the offense of murder in the second degree, and was duly sentenced to 20 years' imprisonment in the penitentiary. On that day he took an appeal to this court. Said appeal has never been perfected; the cause here being upon certificate only which was filed in this court on May 26, 1927. The cause is submitted upon motion of the state to dismiss the appeal. Under the status mentioned the motion must prevail.

The appeal is dismissed.