Court of Criminal Appeals of Texas, 1925

Ex Parte McCarty

Ex Parte McCarty
Court of Criminal Appeals of Texas · Decided November 18, 1925 · Hawkins
277 S.W. 152; 102 Tex. Crim. 255; 1925 Tex. Crim. App. LEXIS 1081 (South Western Reporter)

Ex Parte McCarty

Opinion of the Court

HAWKINS, Judge.

Relator is confined in the penitentiary under a judgment of the District Court of Wichita County condemning him to the penitentiary for five years upon a conviction for the offense of robbery. He seems to think he has been deprived of some rights under the provisions of Art. 865a Vernon’s C. C. P. (Art. 775, 1925 Revision), relating to indeterminate sentences, and presents his application to this Court praying for a writ of habeas corpus.

The minimum punishment for the offense of robbery is confinement in., the penitentiary for five years. Relator was *256 awarded the - lowest penalty, hence the indeterminate sentence law has no application.

The writ is denied.

Writ denied.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.