Ex parte Spears

MORRISON, judge.'

The two opinions heretofore rendered in this cause failed to set forth the facts fully. This we now 'do for guidance of the bench, the bar and penitentiary authorities and especially since the effect of this holding is to overrule one or more decisions of this Court.

Relator Spears was on June 4, 1943, in Cause. No.' 1093 in the District,'Court of' Gray County, Texas, convicted of the offense of felony theft and sentenced to a term of from two to ten years in the State Penitentiary. No appeal was perfected, and relator began serving this sentence. On July 4, 1945, relator .was…