Ex Parte Scafe

Court of Criminal Appeals of Texas

Ex Parte Scafe

334 S.W.2d 170, 1960 Tex. Crim. App. LEXIS 3086

CourtCourt of Criminal Appeals of Texas

DecidedMarch 30, 1960

Docket31904

StatusPublished

Cited by8 cases

This text of 334 S.W.2d 170 (Ex Parte Scafe) 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.

Bluebook

Ex Parte Scafe, 334 S.W.2d 170, 1960 Tex. Crim. App. LEXIS 3086 (Tex. 1960).

Pincite

Opinion

MORRISON, Presiding Judge.

This is an original application for habeas corpus under Article 119, Vernon’s Ann. C.C.P.

Relator was convicted in the District Court of Hidalgo County in Cause No. 7944 of the primary offense of passing as true a forged instrument, with two prior convictions alleged for enhancement under Article 63, Vernon’s Ann.P.C., and his punishment was assessed at. life imprisonment. One of the prior convictions alleged was had in the Federal District Court and charged relator with transporting in interstate commerce “a rubber stamp set, a thing used and fitted to be used in falsely making and forging securities.” Such is not an act denounced by the laws of Texas.

By proper certificate of the Texas Prison System, relator shows that he has served the maximum term which could be as-séssed against him as- a second offender under Article 62, Vernon’s Ann.P.C. . - i

This is an identical situation to that before this Court in Ex parte Puckett, 165 Tex.Cr.R. 605, 310 S.W.2d 117.

The writ of habeas corpus is granted, and relator is ordered discharged under such judgment.

Free access — add to your briefcase to read the full text and ask questions with AI

MORRISON, Presiding Judge.

This is an original application for habeas corpus under Article 119, Vernon’s Ann. C.C.P.

Relator was convicted in the District Court of Hidalgo County in Cause No. 7944 of the primary offense of passing as true a forged instrument, with two prior convictions alleged for enhancement under Article 63, Vernon’s Ann.P.C., and his punishment was assessed at. life imprisonment. One of the prior convictions alleged was had in the Federal District Court and charged relator with transporting in interstate commerce “a rubber stamp set, a thing used and fitted to be used in falsely making and forging securities.” Such is not an act denounced by the laws of Texas.

By proper certificate of the Texas Prison System, relator shows that he has served the maximum term which could be as-séssed against him as- a second offender under Article 62, Vernon’s Ann.P.C. . - i

This is an identical situation to that before this Court in Ex parte Puckett, 165 Tex.Cr.R. 605, 310 S.W.2d 117.

The writ of habeas corpus is granted, and relator is ordered discharged under such judgment.

Cite This Page — Counsel Stack

Bluebook (online)

334 S.W.2d 170, 1960 Tex. Crim. App. LEXIS 3086, Counsel Stack Legal Research, https://law.counselstack.com/opinion/ex-parte-scafe-texcrimapp-1960.

Opinion

Related

Cite This Page — Counsel Stack