POWELL, J.
The defendant, Maurice "Buster" Snyder, was charged by information in the district court of Tulsa county, on October 19, 1948, with petit larceny, second offense, was tried, convicted and sentenced to serve a term of four years in the State Penitentiary at McAlester.
On August 1, 1949, the county attorney of Tulsa county filed a motion in this court to dismiss this appeal, in part stating:
"That thereafter on the 29th day of April, 1949...
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