
    Ex parte Thomas LEWIS.
    No. 30486.
    Court of Criminal Appeals of Texas.
    Jan. 21, 1959.
    
      No attorney for relator.
    Leon B. Douglas, State’s Atty., Austin, for the State.
   MORRISON, Presiding Judge.

This is an original application for a writ of habeas corpus brought by the relator Thomas Lewis seeking his release from the penitentiary. He alleges that the order cumulating the sentences by virtue of which he is confined is ineffectual.

According to the information furnished this Court, relator was sentenced in the following causes:

Date Court Term No. (years) Order
May 10, 1937 District Court of Gregg County, Texas 2484-C 7 No order of cumulation.
May 10, 1937 District Court of Gregg County, Texas 2485-C 7 This sentence to begin at expiration of the Sentence No. 2484 — C Gregg County, Texas, against the same defendant.
May 10,1937 District Court of Gregg 2486-C 7 No order of cumulation.
November 28, 1938 District Court of Potter County, Texas 6352 14 It is further ordered by the Court that the sentence in this cause run cumulative to a prior sentence against the said defendant in another County in Texas, in accordance with law.
December 16, 1952 District Court of Hemphill County, Texas 2069 10 No order of cumulation.

In Ex parte Bradshaw, Tex.Cr.App., 310 S.W.2d 115; Ex parte Robbins, 158 Tex.Cr.R. 44, 253 S.W.2d 53; Ex parte Merritt, 159 Tex.Cr.R. 87, 261 S.W.2d 596, and Ex parte Henson, 161 Tex.Cr.R. 427, 278 S.W.2d 166, we held that an order similar to the one before us in Cause No. 6352 from the District Court of Potter County was ineffectual.

We have been furnished with a certificate of the Texas Prison System showing that relator now has credit for 19 years, 1 month and 27 days in the penitentiary. Further, the certificate shows that relator has completed the 10 year sentence from Hemphill County.

The writ of habeas corpus is granted, and the relator is ordered discharged from confinement under the above sentence.  