
    Ex parte NEWTON.
    (No. 10316.)
    (Court of Criminal Appeals of Texas.
    June 9, 1926.)
    Habeas corpus <&wkey;85(l) — Where fact that sen« fence in state court was not cumulative with sentence in federal court was not shown, writ of habeas corpus to be released from state court sentence after serving federal court sentence will be denied.
    Original application for writ of habeas corpus because conviction in state court was affirmed on same day defendant began sentence under conviction in federal court, and that be served both sentences at same time, will be denied, where no facts were shown to support averments that relator’s sentence in state court was not cumulative with sentence in federal court, which he served.
    <S=»For other oases see same topic and KEY-NUMBER in ail Key-Numbered Digests and Indexes
    Original application for writ of habeas corpus by Jess Newton to be released from custody.
    Writ denied.
    Jess Newton, pro se.
    Sam D. Stinson, State’s Atty., of Austin, and Robt. M. Lyles, Asst. State’s Atty., of Groesbeck, for the State.'
   HAWKINS, J.

Relator seeks a writ of ha-beas corpus upon the following ground. He avers that, while an appeal was pending in this court from a conviction in a state court wherein he was condemned to imprisonment in the penitentiary for one year, he was also convicted in the United States court upon a different charge and incarcerated in the federal penitentiary for one year; that the same day his sentence in the latter conviction begun his case pending in this court was affirmed ; that the sentences not being cumulative he served both at the same time, but that after he was liberated from the federal penitentiary he was incarcerated in the state penitentiary. If the facts mentioned can be established relator’s case appears to fall within the principle announced in Ex parte Lawson, 98 Tex. Cr. R. 544, 266 S. W. 1101, but no facts are shown by certified copy of judgment or otherwise to support the aver-ments. The writ must therefore be denied by this court.

If relator desires to present the matter to a trial court where the facts may be deter-, mined permission is hereby granted him to withdraw the papers filed in this court.  