Ex parte Whiteside

BEAUCHAMP, Judge.

Appellant, a convict in the state penitentiary, claiming that he had served the time assessed against him, sought by writ of habeas corpus before the district court of Walker County to obtain his release. From the order remanding him to the custody of the penitentiary authorities he appeals.

In 1930, appellant was convicted in the district court of Harris County of the offense of murder and his punishment assessed at twenty years confinement in the state penitentiary. He began serving that sentence and continued to so serve until 1933, when he was, by the then Governor of the…