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155 Tex. Crim. 136

Ex Parte Epperson

Court of Criminal Appeals of Texas

Decided October 11, 1950

Court of Criminal Appeals of Texas · decided 1950-10-11

Decided 1950-10-11

¶1APPLICATION FOR WRIT OF HABEAS CORPUS.

DAVIDSON, Judge.

¶2On 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.

¶3The sentence in each case provided that it was “not to run concurrent with any other sentence heretofore received.”

¶4*137In 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.

¶5There is nothing in the record before us indicating that relator has served the four-year term assessed by the sentences imposed.

¶6The 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.

¶7Opinion approved by the court.

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