The offense is attempt to commit burglary; penalty assessed at confinement in the penitentiary for a period of two years.

The record is before this court without statement of facts or bills of exceptions. No fundamental error has been pointed out or perceived.

The appellant, Whitey Hays, has filed his sworn request to withdraw his appeal. As to him the appeal is dismissed, and as to Asa Pendleton, alias Harry Ward, the judgment is affirmed.