Sartain v. State

Citations

• 10 Tex. Ct. App. 651

Syllabus

<p>Sentence — Teem oe Impbisonment—Case Stated.— Upon a conviction for bigamy wherein the punishment assessed was one hour’s confinement in the penitentiary, sentence was pronounced against the accused. After one hour had expired, the accused, never having been incarcerated in the penitentiary, applied for his discharge under a writ of habeas corpus, claiming that he was entitled thereto by virtue of art. 825, Code Crim. Proc., which provides that the term of imprisonment in a conviction for a felony shall commence from the time of sentence. Held, that notwithstanding the provision of the article referred to, the term of imprisonment of the accused could not commence until he is actually delivered to the penitentiary authorities, and placed in confinement inside of the penitentiary walls.</p>