Ex Parte King

240 S.W.2d 777, 156 Tex. Crim. 231, 1951 Tex. Crim. App. LEXIS 1535

Opinions

GRAVES, Presiding Judge.

Relator, an inmate of the state penitentiary, was convicted on October 9, 1933, in Cause No. 21,605 in the 15th Judicial District Court of Grayson County for the offense of burglary and sentenced to two years’ confinement in the state penitentiary.

Again, on the same day and in the same court, in Cause No. 21,606, he was convicted of theft over $50.00 and sentenced to two years’ confinement in the state penitentiary.

Further, in the same court and on the same day, in Cause No. 21,607, he was convicted of the offense of robbery and sentenced to fifteen years’ confinement in the state penitentiary.

It is shown that the judgment in Causes Nos." 21,605 and 21,606 were made cumulative of the original judgment in Cause No. 21,607, leaving the relator to serve nineteen years under the sentences pronounced in Grayson County.

At the time of the granting of this writ of habeas corpus, we had not been informed of the fact that the relator had been convicted in Wichita County in Cause No. 8582 of that district court while he was out on clemency and given ten years for swindling and repetition. This sentence was not to begin until April 15, 1947, so at this time we find that relator is not entitled to his discharge.

Therefore, this writ is denied and relator is remanded to the custody of the penitentiary authorities to serve out the terms of the sentences present against him at this time.