Ex Parte Spears

ON RELATOR’S SECOND MOTION FOR REHEARING.

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. 1091 in the District Court of Gray County, Texas, convicted of the of-fence 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…