The conviction is for unlawfully operating a motor vehicle upon the public highway while under the influence of intoxicating liquor; penalty assessed at confinement in the state penitentiary for a period of two years.

Upon the written motion of the appellant, duly verified by his affidavit, the appeal is dismissed.

PER CURIAM.

The foregoing opinion by the Commission of Appeals has been examined by the Judges of the Court of Criminal Appeals and approved by the Court.