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Ex Parte Mcclain

Court of Criminal Appeals of Texas
Apr 20, 1955
278 S.W.2d 140 (Tex. Crim. App. 1955)

Opinion

No. 27608.

April 20, 1955.

No attorney on appeal for appellant.

Leon Douglas, State's Atty., Austin, for the State.


Relator, an inmate of the Texas Prison System, seeks his release by writ of habeas corpus alleging that the cumulation of sentences which he is serving is defective.

The writ was granted by the Honorable Langston King, Judge of the Criminal District Court No. 2 of Harris County and made returnable to this Court in accordance with Article 119, Vernon's Ann.C.C.P.

From the certified copy of the judgment and sentences forwarded to this Court, we learn the following:

On February 13, 1947, in Cause No. 57,655 in the Criminal District Court of Harris County the relator plead guilty to the offense of theft, and his punishment was assessed at four years.

On April 2, 1947, in Cause No. 57,654 in the Criminal District Court No. 2 of Harris County the relator plead guilty to the offense of burglary, and his punishment was assessed at twelve years. The sentence in this cause concludes with this order: 'Sentence cumulative with 57655, tried in Criminal District Court, Harris County, Texas.'

In Ex parte Bobbitt, Tex.Cr.App., 262 S.W.2d 416, we held valid an order of cumulation which referred to the number of the cause and the name of the court in which the prior conviction was had and is here controlling.

The relief prayed for is denied.


Summaries of

Ex Parte Mcclain

Court of Criminal Appeals of Texas
Apr 20, 1955
278 S.W.2d 140 (Tex. Crim. App. 1955)
Case details for

Ex Parte Mcclain

Case Details

Full title:Ex parte John Ira McCLAIN

Court:Court of Criminal Appeals of Texas

Date published: Apr 20, 1955

Citations

278 S.W.2d 140 (Tex. Crim. App. 1955)
161 Tex. Crim. 400

Citing Cases

Mcintosh v. State

Cumulation orders containing only cause numbers and courts, however, have historically been upheld by Texas…