Legal Opinion

Ex Parte Spears

Court of Criminal Appeals of Texas

Decided October 11, 1950No. 25075PublishedCited by 19 opinions

1Opinion of the Court

ON APPLICATION FOR WRIT OF HABEAS CORPUS.

DAVIDSON, Judge.

Relator seeks his discharge from the penitentiary upon the authority of Ex Parte Baird, (Page 109 of this volume), 228 S. W. 2d 511.

The record before us does not affirmatively reflect that, giving relator credit upon his state sentence for the time actually served in the federal penitentiary, he has served the state sentence, as contended by him.

It is apparent, therefore, that relator is not shown to be entitled to his discharge from the penitentiary.

The application for the writ of habeas corpus is refused, without prejudice, however,…

2Cases cited1 opinion

  1. Ex Parte BairdCourt of Criminal Appeals of Texas · 1950

3Cited by19 opinions

  1. Ex Parte IglehartCourt of Criminal Appeals of Texas · 1976
  2. In Re PortwoodCalifornia Court of Appeal · 1965
  3. State v. PetersenSupreme Court of Minnesota · 1975
  4. Ex Parte HouseCourt of Criminal Appeals of Texas · 1955
  5. Hernandez v. StateCourt of Appeals of Texas · 1988

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