Ex Parte McCarter

ON MOTION FOR REHEARING

ONION, Judge.

In his motion for re-hearing, relator contends that this Court failed to make a distinction between a suspension of the execution of a sentence and the suspension of the imposition of a sentence with regard to his 1953 suspended sentence.

He points out that when he was given a suspended sentence in 1953 for felony theft in the Criminal District Court of Dallas County, the trial judge then presiding actually imposed sentence, and thereafter suspended the execution of such sentence during the good behavior of the relator.

It is his contention that after the adj…