Ex Parte Spears

235 S.W.2d 917, 154 Tex. Crim. 112, 18 A.L.R. 2d 507, 1950 Tex. Crim. App. LEXIS 1972

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 seek 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.