Ex parte Williams, 35792
Decision Date | 01 May 1963 |
Docket Number | No. 35792,35792 |
Citation | 370 S.W.2d 883 |
Parties | Ex parte L. C. WILLIAMS. |
Court | Texas Court of Criminal Appeals |
William Davenport, San Angelo, for appellant.
Leon B. Douglas, State's Atty., Austin, for the State.
By writ of habeas corpus relator seeks to attack as void a judgment by virtue of which he is confined. We have examined the judgment and do not agree with appellant's contentions.
Relief prayed for is denied.
ON MOTION FOR REHEARING
The judgment of the County Court attacked by habeas corpus in the same court, and in this Court on appeal from the order of the County Judge remanding him to custody, was on a plea of guilty before the court. It recites:
'Wherefore, it is considered by the Court that the defendant is guilty of the offense charged herein, to-wit: Aggravated Assault, and his punishment is assessed at a fifteen months in jail and all costs of this prosecution.
We remain convinced that the judgment is not void because the defendant was committed to jail until 'such fine' was paid. No fine having been assessed, the words 'such fine' may be rejected as surplusage, leaving a valid judgment committing the appellant to jail for 15 months and until all costs are paid.
Appellant's motion for rehearing is overruled.
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Ex parte Stephens
... ... or excuse. The refusal to grant him bail is justified under the record. Ex Parte Black, 157 Tex.Cr.R. 467, 250 S.W.2d 224; Ex Parte Williams, Tex.Cr.App., 370 S.W.2d 883 ... ...