Ex parte Bell, 27370
Decision Date | 17 November 1954 |
Docket Number | No. 27370,27370 |
Citation | 272 S.W.2d 530,160 Tex.Crim. 490 |
Parties | Ex parte Paul BELL. |
Court | Texas Court of Criminal Appeals |
E. R. Wright, Huntsville, for appellant.
Wesley Dice, State's Atty., Austin, for the State.
This is an original application for writ of habeas corpus brought by relator seeking his release from the Texas Prison System.
Relator is confined by virtue of sentences from the District Courts of Wichita, Palo Pinto, Tarrant and Hutchinson Counties. None of these sentences attempt to cumulate each other except that from Tarrant County. Relator contends that such cumulation is insufficient. It reads as follows:
'It is further ordered that the punishment under this sentence shall begin when the Judgment and Sentence in Cause No. 9120, in the District Court of Wichita County, Texas and the Judgment and Sentence in Cause No. 5062, in the District Court of Palo Pinto County, Texas have ceased to operate.'
Relator states that the nearest case in point is Ex parte Collier, 156 Tex.Cr.R. 377, 243 S.W.2d 177, but points out that the Collier sentence contained an additional phrase not found in the above, to-wit, 'now being served by Don R. Collier'.
Relator contends that the order of cumulation contained in the Tarrant County sentence makes no reference to the person who was sentenced in said causes and contains no finding that the relator was the same person. He also asserts that to uphold this order would empower a court to cumulate a sentence with another yet to be tried. We may dispose of the last contention by referring to the instant order which mentions the judgment and sentence and thereby shows upon its face that such cases had been tried.
The first contention requires further study. In the Collier case, supra, we said:
Applying this test to the case at bar, what evidence would be required to aid this sentence? When the penitentiary authorities received relator with his new sentence from Tarrant County they merely added the term of that sentence to the term of years for which the relator was being held in two definitely described sentences from Wichita and Palo Pinto...
To continue reading
Request your trial-
Ex parte Lewis, 40331
...citing Ex parte Daffern, 162 Tex.Cr.R. 472, 286 S.W.2d 151; Ex parte Dyess, 161 Tex.Cr.R. 29, 274 S.W.2d 695; Ex parte Bell, 160 Tex.Cr.R. 490, 272 S.W.2d 530; Ex parte Collier, 156 Tex.Cr.R. 377, 243 S.W.2d 177. See also, Ex parte Pruitt, Tex.Cr.App., 385 S.W.2d 384; Ex parte Isom, 168 Tex......
-
Ex parte March
...371 S.W.2d 395; Ex parte Daffern, 162 Tex.Cr.R. 472, 286 S.W.2d 151; Ex parte Dyess, 161 Tex.Cr.R. 29, 274 S.W.2d 695; Ex parte Bell, 160 Tex.Cr.R. 490, 272 S.W.2d 530; Ex parte Collier, supra; see also Ex parte Pruitt, Tex.Cr.App., 385 S.W.2d 384; Ex parte Isom, 168 Tex.Cr.R. 434, 331 S.W.......
-
Ex parte Bazemore
...citing Ex parte Daffern, 162 Tex.Cr.R. 472, 286 S.W.2d 151; Ex parte Dyess, 161 Tex.Cr.R. 29, 274 S.W.2d 695; Ex parte Bell, 160 Tex.Cr.R. 490, 272 S.W.2d 530; Ex parte Collier, supra. See also Ex parte Pruitt, Tex.Cr.App., 385 S.W.2d 394; Ex parte Isom, 168 Tex.Cr.R. 434, 331 S.W.2d This C......
-
Williams v. State
...See e.g. Ex parte Pruitt, 385 S.W.2d 384 (Tex.Cr.App.1964); Ex parte Isom, 168 Tex.Cr.R. 434, 331 S.W.2d 753 (1959); Ex parte Bell, 160 Tex.Cr.R. 490, 272 S.W.2d 530 (1954). Finally, a cumulation order which refers only to a prior cause number is sufficient if the order is entered in the sa......