Ex Parte Spaulding

For the reasons expressed by Presiding Judge Onion in the dissenting opinion that he filed in Whan v. State, 485 S.W.2d 275 (Tex.Cr.App.1972), in which he held that the Governor of Texas may not commute any punishment assessed which, at the time of the order of commutation, was no longer in existence, I agree with the statement that Judge Clinton makes in the concurring opinion he has filed in this cause that Whan v. State, supra, was wrongly decided and its progeny are equally wrong. Cf. Sellars v. Estelle, 536 F.2d 1104 (5th Cir.1976), reh. den. 540 F.2d 1085, cert. den. 429 U.S. 1076, 97…