Legal Opinion · Concurrence

Ex Parte Morgan

Court of Criminal Appeals of Texas

Decided November 11, 1953No. 26566Published

1ConcurrenceGraves, Presiding Judge

The writer confesses that this is the first time he remembers having seen a cause before us in such a condition- as the present one. Undoubtedly the trial court had the power to sentence the relator to spend one year in the county jail. This is exactly what he did. However, the court had no power to promise the relator’s parents, or to tell the sheriff, that at the end of ten days this man. was to be released with his one-year imprisonment still existing as the solemn judgment of the trial court. See Ex parte Hayden, 152 Tex. Cr. R. 517, 215 S.W. (2d) 620; Ex parte Sether, 151 Tex. Cr. R.…

2Cases cited2 opinions

  1. Ex Parte HaydenCourt of Criminal Appeals of Texas · 1948
  2. Ex Parte Sethers and HaydenCourt of Criminal Appeals of Texas · 1948

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