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Ex Parte Webb

Court of Criminal Appeals of Texas
Jun 13, 1956
290 S.W.2d 900 (Tex. Crim. App. 1956)

Opinion

No. 28445.

June 13, 1956.

James H. Webb, pro se.

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


Relator is an inmate of the penitentiary. His application for writ of habeas corpus was granted by Hon. Max M. Rogers, Judge of the 12th Judicial District of Texas, and made returnable to this Court as provided in Art. 119, V.A.C.C.P.

It appears from the exhibits accompanying the application that unless the cumulation feature of the sentence in Cause No. 1408 in the District Court of Kinney County, Texas, dated October 17, 1947, is effective, relator has served all sentences against him and is entitled to be discharged from the penitentiary.

The order attempting to cumulate the Kinney County sentence reads as follows: 'this sentence shall be cumulative of and commence upon the termination of any sentence or sentences now outstanding against the said James Herbert Webb.'

Under the decisions of this Court the quoted provision is ineffective. Ex parte Cordes, 159 Tex.Crim. R., 264 S.W.2d 438.

The writ is granted and relator is ordered discharged from the penitentiary.


Summaries of

Ex Parte Webb

Court of Criminal Appeals of Texas
Jun 13, 1956
290 S.W.2d 900 (Tex. Crim. App. 1956)
Case details for

Ex Parte Webb

Case Details

Full title:Ex parte James Herbert WEBB

Court:Court of Criminal Appeals of Texas

Date published: Jun 13, 1956

Citations

290 S.W.2d 900 (Tex. Crim. App. 1956)
163 Tex. Crim. 351