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Ex Parte Spears

235 S.W.2d 917, 154 Tex. Crim. 112, 18 A.L.R. 2d 507, 1950 Tex. Crim. App. LEXIS 1972
CourtCourt of Criminal Appeals of Texas
DecidedOctober 11, 1950
Docket25075
StatusPublished
Cited by20 cases

This text of 235 S.W.2d 917 (Ex Parte Spears) 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 Spears, 235 S.W.2d 917, 154 Tex. Crim. 112, 18 A.L.R. 2d 507, 1950 Tex. Crim. App. LEXIS 1972 (Tex. 1950).

Opinions

ON APPLICATION FOR WRIT OF HABEAS CORPUS.

DAVIDSON, Judge.

Relator seeks his discharge from the penitentiary upon the authority of Ex Parte Baird, (Page 109 of this volume), 228 S. W. 2d 511.

The record before us does not affirmatively reflect that, giving relator credit upon his state sentence for the time actually served in the federal penitentiary, he has served the state sentence, as contended by him.

It is apparent, therefore, that relator is not shown to be entitled to his discharge from the penitentiary.

The application for the writ of habeas corpus is refused, without prejudice, however, to the right of relator to again [113]*113seek his discharge from the penitentiary when, by crediting him with the time actually served in the federal penitentiary, he has fully served the state sentence and the penitentiary authorities refuse his discharge.

Opinion approved by the court.

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Bluebook (online)
235 S.W.2d 917, 154 Tex. Crim. 112, 18 A.L.R. 2d 507, 1950 Tex. Crim. App. LEXIS 1972, Counsel Stack Legal Research, https://law.counselstack.com/opinion/ex-parte-spears-texcrimapp-1950.