Ex parte Daniels
| Decision Date | 12 November 1952 |
| Docket Number | No. 26084,26084 |
| Citation | 158 Tex.Crim. 2,252 S.W.2d 586 |
| Parties | Ex parte DANIELS. |
| Court | Texas Court of Criminal Appeals |
No attorney on appeal for appellant.
George P. Blackburn, State's Atty., Austin, for the State.
Relator, an inmate of the penitentiary, filed his original application for writ of habeas corpus in this Court.
It is shown from the record herein that he was convicted on November 6, 1939, in Cause No. 13,643, in the Criminal District Court of Jefferson County of felony theft and repetition of offenses under Article 63, P.C., and sentenced to life imprisonment.
An examination of the indictment reveals that the primary offense was charged to have been committed on September 16, 1939. The two prior convictions alleged were as follows:
1. Felony theft alleged to have been committed on August 30, 1935, which resulted in a conviction in the District Court of Jones County on September 16, 1935.
2. Felony theft alleged to have been committed on August 26, 1935, which resulted in a conviction in the District Court of Tarrant County on October 28, 1935.
It is apparent therefrom that the Jones County offense was not committed subsequent to the Tarrant County conviction, and, therefore, such conviction cannot constitute the basis for prosecution as a third offender under Article 63, P.C. See Square v. State, 142 Tex.Cr.R. 493, 154 S.W.2d 852, and cases there cited.
It is further apparent therefrom that the indictment is sufficient to charge the relator as a second offender under Article 62, P.C.
The punishment in the instant case, provided for by Article 62, P.C., is ten years.
Relator has served in excess of ten years and is therefore entitled to discharge. Ex parte Pruitt, 139 Tex.Cr.R. 438, 141 S.W.2d 333.
The writ is granted, and the relator is ordered discharged.
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State v. Simmons
...139 (1975); Haines v. States, 391 S.W.2d 58 (Tex.Cr.App.1965); Cortez v. State, 314 S.W.2d 589 (Tex.Cr.App.1958); Ex parte Daniels, 158 Tex.Cr.R. 2, 252 S.W.2d 586 (1952).7 La.R.S. 15:529.1 A(2)(a) states:A. Any person who, after having been convicted within this state of a felony, or who, ......
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Harrington v. State, 40849
...and the two convictions could not constitute the basis for a prosecution as a third offender under Article 63, V.A.P.C. Ex parte Daniels (158 Tex.Cr.R. 2) 252 S.W.2d 586.' See also Gammill v. State, 135 Tex.Cr.R. 52, 117 S.W.2d 790; 16 Tex.Jur.2d, Crim.Law, Sec. 406, p. In Gammill v. State,......
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Ex parte Gregg, 41253
...415 S.W.2d 660; Ex parte Kellison, Tex.Cr.App., 422 S.W.2d 729; Ex parte Puckett, 165 Tex.Cr.R. 605, 310 S.W.2d 117; Ex parte Daniels, 158 Tex.Cr.R. 2, 252 S.W.2d 586; Ex parte Huffman, Tex.Cr.App., 415 S.W.2d 408; Ex parte Morgan, Tex.Cr.App., 412 S.W.2d To the same effect is Ex parte Hill......
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Puckett v. Ellis, Civ. A. No. 2426.
...Paso County, Texas, so shows on its face, and it would seem that the holding of the Texas Court of Criminal Appeals in Ex parte Daniels, 158 Tex.Cr.R. 2, 252 S.W.2d 586 would be As above pointed out, it is the duty and responsibility of the Texas courts to construe and interpret the Texas H......