Ex Parte McClain
This text of 253 S.W.2d 863 (Ex Parte McClain) is published on Counsel Stack Legal Research, covering Court of Criminal Appeals of Texas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
Relator, an inmate of the penitentiary, seeks by writ of habeas corpus his release, alleging a faulty cumulation of the sentences against him.
It is shown that relator is confined by virtue of sentences in twelve cases from the criminal district court of Harris County. *116 and Criminal District Court No. 2 of said county. Relator plead guilty and was sentenced to two years in each case.
Causes Nos. 55961, 55963, 55965, 55967, 55969, and 55970 were heard by the criminal district court of Harris County.
Causes Nos. 55960, 55062, 55964, 55966, 55968, and 55970 were heard by Criminal District Court No. 2 of Harris County.
The cumulation was sought to be effected by reference to the number of the cause only.
Where two or more cases are pending before the same court and where the accused is sentenced on the same day, a reference to the other causes by number only is sufficient to cumulate the sentences. Ex parte Snow, 151 Tex. Cr. R. 640, 209 S. W. 2d 931.
This is not so where the reference is made to a sentence in another court by number only.
The cumulation herein was effective to authorize relator’s confinement for a term of twelve years.
Relator has served such time and, accordingly, is ordered discharged.
Free access — add to your briefcase to read the full text and ask questions with AI
Related
Cite This Page — Counsel Stack
253 S.W.2d 863, 158 Tex. Crim. 115, 1953 Tex. Crim. App. LEXIS 1527, Counsel Stack Legal Research, https://law.counselstack.com/opinion/ex-parte-mcclain-texcrimapp-1953.