Legal Opinion · Dissent

Ex parte Johnston

Court of Criminal Appeals of Texas

Decided March 5, 1958No. 29,472Published

1DissentDavidson, Judge

Relator was at liberty upon a conditional pardon issued by the Governor of this state when he was tried and convicted of a Federal offense in a Federal court and sentenced to a term in a Federal penitentiary for a term of five years.

Upon being advised of that fact, the governor of this state revoked the conditional pardon on June 24, 1954, and provided in the order of revocation the following:

“It is hereby ordered that Subject be returned to and confined in the Penitentiary to serve the sentence originally imposed upon him and hereinabove referred to or so much thereof as had not been served…

2Cases cited5 opinions

  1. Ex Parte Ralph LawsonCourt of Criminal Appeals of Texas · 1924
  2. Ex Parte SpearsCourt of Criminal Appeals of Texas · 1950
  3. Ex parte WhitesideCourt of Criminal Appeals of Texas · 1941
  4. Ex Parte WhitesideCourt of Criminal Appeals of Texas · 1941
  5. Ex Parte HerrodCourt of Criminal Appeals of Texas · 1943

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