*1 370 Henry Mac Davis.
Ex Parte February 25,730. 27, 1952. No. Rehearing 9, April 1952. for Denied Motion Relator’s Rehearing (Without Motion for Denied Second Relator’s April 30, Opinion) 1952. Written by Supreme Court of the United Denied States of Certiorari Writ 2, June 1952. represented himself. Relator Attorney, Austin, Blackburn,
George P. for the state. State’s Judge. WOODLEY, penitentiary,
Relator, appli- the inmate of filed his an state Judge corpus Rogers, Max before Hon. M. for habeas cation Judge Rogers District Texas. heard Judicial of the of the 12th issued, testimony the writ to and ordered returnable this court. by of a Appellant’s confinement is' virtue conviction in County 16,437 district Jefferson in the court of No. of cause robbery firearms, having with he of been on penitentiary. the offense October years 1946, a 25 in 8, to term of the sentenced in judgment of conviction said cause shows The that relator by counsel,” upon person plea “in and and appeared that his of punishment years guilty, jury peni- at 25 assessed his in the a tentiary.
Appellant have the entitled to as is sentence construed an years than 5 indeterminate sentence of not less nor more than
371 though may in col- years, not reformed this 25 be the sentence R. 156 Texas Crim. proceeding. Ex Parte Brewer lateral See *2 369, (2) 242 430. S.W. Judge hearing Rogers
Appellant in that testified the before appointed in he had that none for him cause no counsel and was 16,437. No. testimony
Such to the above reci- is not sufficient overcome Further, testimony judgment. tation found is in the relator’s record, by contradicted including in other facts and circumstances the judge. the of affidavit the trial being lawful, prayed Relator’s confinement the relief for is denied.
Opinion by approved the court. rehearing.
on motion for MORRISON, Judge. original
In opinion, our we said entitled that relator was 25-year to have his sentence construed an as indeterminate sen- tence of not years. less than 5 nor more than He asks 25 now that we reform proper such sentence. This is not the tribunal for may such motion. Relator move the trial do court to so. But not, whether this penitentiary is done or the authorities and the Texas Board of Pardons and Paroles will be controlled in relator, their they cases, treatment of just as are in all as if the provisions 775, reformation had been effected. The of Article P., mandatory. C. C. are rehearing
Relator’s motion for is overruled.
Herman Lee Ross v. State. 25,636. 23, January No. 1952. Rehearing 12,1952. Denied March Supreme to Petition Court of the United for States Writ of Stay 2,1952. Certiorari and of Execution June Denied