Ex Parte Muse
This text of 233 S.W.2d 125 (Ex Parte Muse) 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 was, on the 15th day of February, 1947, convicted in the district court of Kerr County for burglary, and his punishment assessed at ten years in the penitentiary.
Thereafter, and on the 15th day of July, 1947, relator was convicted in the district court of Pecos County for the offense of felony theft, and his punishment assessed at ten years in the penitentiary.
In passing sentence under the Pecos County conviction, the trial court attempted to make the same cumulative of the Kerr County conviction, but under the authority of Ex Parte Johnson, 153 Tex. Cr. R. 114, 218 S. W. 2d 200, the order was insufficient to meet the legal requirement of definiteness.
The two punishments mentioned run concurrently and are not cumulative.
There is nothing in this record showing that relator has served the term assessed against him of ten years in the penitentiary, and he is therefore not shown to be entitled to his discharge from custody at this time.
The writ of habeas corpus is refused.
Opinion approved by the court.
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Cite This Page — Counsel Stack
233 S.W.2d 125, 155 Tex. Crim. 186, 1950 Tex. Crim. App. LEXIS 1797, Counsel Stack Legal Research, https://law.counselstack.com/opinion/ex-parte-muse-texcrimapp-1950.