Ex Parte Epperson
Ex Parte B. E. Epperson
Opinion of the Court
Text extracted by OCR from a scanned original; check the original for exact wording.
APPLICATION FOR WRIT OF HABEAS CORPUS.
DAVIDSON, Judge.
On April 10, 1947, relator was, upon his plea of guilty, convicted in two cases in the District Court of Ector County for the offense of forgery, and his punishment assessed at four years’ confinement in the penitentiary in each case.
The sentence in each case provided that it was “not to run concurrent with any other sentence heretofore received.”
*137 In Ex Parte Crossnoe, No. 25,058, this day delivered, (Page 129 of this volume), we held that such a provision was not effective as cumulating the sentences and that, notwithstanding such provision, the sentences run concurrent.
There is nothing in the record before us indicating that relator has served the four-year term assessed by the sentences imposed.
The application for the writ of habeas corpus is refused. The penitentiary authorities will treat the two sentences here mentioned as concurrent, and if relator has served the four-year term assessed, he will be discharged from further custody under the two sentences here mentioned.
Opinion approved by the court.
How later courts describe this case
No later court has written an explanatory parenthetical about this case yet.
Cited by 1 case
View all citing references →Relies on it most ⓘ
Most recent
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.