Ex parte Daffern
| Decision Date | 04 January 1956 |
| Docket Number | No. 28062,28062 |
| Citation | 162 Tex.Crim. 472,286 S.W.2d 151 |
| Parties | Ex parte Robert L. DAFFERN. |
| Court | Texas Court of Criminal Appeals |
Leon B. Douglas, 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 Van Zandt, Titus and Hopkins Counties. The only order of cumulation which is questioned is that from Titus County. It reads as follows:
'Sentence to be Cumulative with sentence secured in Case of State vs. Robert L. Daffern, given March 4th 1944, in Van Zandt Co. in District Court and to run concurrent with sentence given Defendant in District Court of Hopkins Co.'
The most recent expression of this Court on the question is Ex parte Bell, Tex.Cr.App., 272 S.W.2d 530. In that case, the order contained the number of the cause and the court in which the conviction was had. We held such order sufficient. Here, we have the date of the conviction and the court in which the conviction was had. We have concluded that this order contained sufficient information to tell the penitentiary authorities how long to detain relator.
The relief prayed for is denied.
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Ex parte Lewis, 40331
...cumulation orders valid when such orders contained two, rather than three, details of the prior conviction, 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 T......
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Hoitt v. State
...395 (Tex. Crim. App. 1963) (order contained the cause number, the date, and the court of the prior conviction); Ex parte Daffern, 162 Tex. Crim. 472, 286 S.W.2d 151, 151 (1956) (order contained only the date and the court of the prior conviction). When the cumulation order is made in the sa......
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Ex parte March
...three or more, details of the prior conviction. Ex parte Lewis, supra; Ex parte Shields, Tex.Cr.App., 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, su......
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Ex parte Bazemore
...orders had been held valid when such orders contained two, rather than three, details of the prior conviction, 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, su......