Appeal from District Court, Pittsburg County; Preslie B. Cole, Judge.

C. Neal Smallwood was convicted of the crime of forgery, and appeals. Appeal dismissed.

Guy L. Andrews, J.G. Harley and Ross N. Lillard, for plaintiff in error.

Smith C. Matson, Asst. Atty. Gen., for the State.

PER CURIAM. Plaintiff in error was convicted of the crime of forgery and was sentenced to serve a term of six months imprisonment in the state penitentiary. An appeal was taken by filing in this court on May 23rd, 1910, a petition in error with case-made. A motion to dismiss the appeal herein for the reason that a parole has been granted and that the conditions thereof were accepted and consented to by plaintiff in error has been filed. When a parole is granted and accepted and this fact is brought to the attention of this court pending the appeal the appeal will be dismissed. Gilmore v. State, 3 Okla. Cr. 639, 108 P. 416. The motion to dismiss is sustained and said appeal is hereby dismissed and the cause remanded to the district court of Pittsburg county.