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Ex Parte Baker

Ex Parte Douglas W. Baker.

Ex Parte Baker, 229 S.W.2d 73 (Tex. Crim. App. 1950)
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Court
Court of Criminal Appeals of Texas · State Highest Courts
Decided
April 19, 1950
Docket
No. 24827
Citations
229 S.W.2d 73154 Tex. Crim. 5101950 Tex. Crim. App. LEXIS 2126
Syllabus
1. — Counsel — Lack of — Unsupported. Where record shows that relator "appeared in person, his counsel also being present, and both parties announced ready for trial," contention that relator was tried without counsel is unsupported by facts. 2. — Judgment — Punishment — Definite. Where the judgment assessed relator's punishment, in each case, at a term of twelve years in the state penitentiary, it was not void for indefiniteness as to punishment.

Syllabus and headnotes are prepared by the reporter or publisher, not the court, and are not part of the opinion.

Opinion of the Court — Per Curiam

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Per Curiam:

By this application for the writ of habeas corpus, relator seeks his discharge from the penitentiary of this state, where *511 he is held as a prisoner serving sentences imposed in two cases against him in the district court of McLennan County, numbered 10568 and 10569 upon the docket of that court.

The judgment in each case shows that relator “appeared in person, his counsel also being present, and both parties announced ready for trial.”

Relator’s contention that he was tried without counsel does not find support in the facts.

The judgment in each case assessed relator’s punishment at a term of twelve years in the state penitentiary.

Relator’s contention that the judgment in each case was void for indefiniteness as to punishment is not sustained by the facts.

It is apparent that the application for the writ of habeas corpus does not warrant the issuance of the writ, and the writ is therefore refused.

How later courts describe this case

No later court has written an explanatory parenthetical about this case yet.

1952: 119522026peak 1952 · 1

Relies on it most ⓘ

  1. Baker v. Ellis194 F.2d 865 (5th Cir. 1952)

Most recent

  1. Baker v. Ellis194 F.2d 865 (5th Cir. 1952)

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

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