The plaintiff in error, Charles Holden, was informed against for the crime of murder, alleged to have been committed on the 24th day of August, 1917, by shooting one Grover Ful- *722 kerson with a pistol. Upon his trial he was found, guilty of manslaughter in the first degree, and his punishment fixed at imprisonment in the penitentiary for a period of four years. From thg__ judgment rendered on the verdict he appeals. His counsel ol record have filed a moiion to dismiss his appeal. The motion is sustained, and the cause remanded to the trial court.