Harrelson v. State

OPINION

MORRISON, Judge.

Conviction is for murder with malice; the punishment, fifteen years.

The only relief appellant requests is that this Court enter an order that the appellant be given credit for time appellant spent in jail from the date an indictment was served upon him until the date of sentence, being some five years from December 9, 1968, to September 5, 1973.

Prior to a 1973 amendment to Article 42.03, Vernon’s Ann.C.C.P., a trial court was given discretion as to whether a convicted person was given credit for the time spent in jail awaiting trial. Article 42.03, V.A.C.C.P., effective…