Opinion
[167 TEXCRIM 238] No attorney for relator.
Leon B. Douglas, State's Atty., Austin, for the State.
MORRISON, Presiding Judge.
This is an original application for a writ of habeas corpus brought by the relator Thomas Lewis seeking his release from the penitentiary. He alleges that the order cumulating the sentences by virtue of which he is confined is ineffectual.
According to the information furnished this Court, relator was sentenced in the following causes:
Term DateCourtNo. (years)Order May 10, 1937 District Court of Gregg 2484-C 7 No order of cumulation.County, Texas May 10, 1937 District Court of Gregg 2485-C 7 This sentence to beginCounty, Texasat expiration of theSentence No. 2484-CGregg County, Texas,against the samedefendant. May 10, 1937 District Court of Gregg 2486-C 7 No order of cumulation. November 28, District Court of Potter 6352 14 It is further ordered by 1938 County, Texasthe Court that thesentence in this causerun cumulative to aprior sentence againstthe said defendant inanother County in Texas,in accordance with law. December 16, District Court of Hemphill 2069 10 No order of cumulation. 1952 County, TexasIn Ex parte Bradshaw, Tex.Cr.App., 310 S.W.2d 115; Ex parte Robbins, 158 Tex.Cr.R. 44, 253 S.W.2d 53; [167 TEXCRIM 239] Ex parte Merritt, 159 Tex.Cr.R. 87, 261 S.W.2d 596, and Ex parte Henson, 161 Tex.Cr.R. 427, 278 S.W.2d 166, we held that an order similar to the one before us in Cause No. 6352 from the District Court of Potter County was ineffectual.
We have been furnished with a certificate of the Texas Prison System showing that relator now has credit for 19 years, 1 month and 27 days in the penitentiary. Further, the certificate shows that relator has completed the 10 year sentence from Hemphill County.
The writ of habeas corpus is granted, and the relator is ordered discharged from confinement under the above sentence.