### OFFICE OF THE ATTORNEY GENERAL OF TEXAS AUSTIN



### Honorable0.J.9.Ellingson

Yonr ist;t*r 'riif r6646 BOfOlhW6:

## 63:

Ron. 0.J.S. Ellintpon,Page #Q.

You refer to a letter written by Sormer A6si6tant Attorney General 

### Aleup to you on January 3, 1938. That letter isbared upon an entirely different statement of faots from thoee eontained in your letter. There the Oonviot 69lTed lees than one yosr flat time before he #a6 released on a oonditio$ml pardon whioh was aubsaquently revoked 

### andhe was returned to th5 penitent!ary from whioh hewas finslly di6Ohsrg6d aftsr he had.served the remaining portion of hi6 sentenoe whiohWa6 le.55than on6 year rlat after his return and ra-inoaro6ration. Dr. Alsup held, under the faote stated, that the oonvfot Wa6, when disoharged, entitled to reoeite only **)Zb.**

In the latter written tb 

### youby Don. H. R. wllliford, a formr Assistant in this orrloe, the faOts there 

### statedare notthe same a6 thO6a in the instant oaae. There tb6 oonviot had servedmore than one year flat th6 before hewae &ran a 15 d6y r6pTi4Y0 t0 attend hi6mother'6 funeral. Ha pr5sIptly returned before the aspiration ol'hi6 reprieve, 6erv6d twtrro month6 5or6, andwae dleoharged. Mr. Wllliford held thr .ooodot wa6 entitled to be paid $50 wban dirrohargad. Article 616d~-1, Vernon’6 

### AnnotatedCivil statutes, among other things; provide8 that Vben a prisoner isentitled to a disobarga trompprison, he or 6he shall.be furnlahed with a 

### written or printed diSOharg6" oontaining oert&in information, olothing, eta., "and when 

### a person and/or oonviot actually serve6 over one year, he ehall reoeive yifty Dollare ($50.00) inaonep in addition to any 

### moneyheld to. his or her oredlt, provided that if 

### a peraon end/or oonvlot does not actually serve one year 

### rlattime,he shall not raoeive P%fty Dollar6 (@O.OO)r but in lieu thereof a parson aervi3 leas than one year aotual time shall reoeive Twentyrive (e5.00) Dollar5 Inmoney in addition to any money held to his or her oredit and a decent outfit of 

### oitlzen*salothing of good quality and fit."
The above Artidle became efreotive onKay 26, 193s. Subsequently, Artiole BlBBm-1 was enaoted and beoam6 effeotire Ootober 26, 1933. By the provlgione or thla Artlel6, a "Disohargad Conviots Navolv$ng'Pund* of 

### $25,000was created to 

### *beusad ior the prompt paymsnt in oash to all dlscbsrge4, pardoned or paroled oonviot6.n
These two artielse, 

### whenoonetrusd 

### together,a8 they muet be, make it perfeotly olear that whsnaver a prieonar ia diSohargeclfrom the penitentiary, whether ha ha6 sbrved his 66ntaIIO6

## 636

Hon. 0. J. S. Ellingeon, Page#S.

or been granted a pardon, full or conditional, or a parole, he is entitled to receive in oash, determined by the time he has aotually served flat on his eentenae, tha amount ofmoney 8tated inhrtiole GliJ(iz-1.If he has not actually served "one year flat time," he oan reoelve only $26.00. If he has actually served one year flat time and leaa than ten years, he shall receive $50.00.
When oonvlot Hueywas r&leased from prieon on Ootober 6, 1937, on a reprieve for a period of 15 days, whloh was extended ror another 15 day perlod, hswas expeoted to return to prison to serve the reminder of his aentenoe. The Covornor*a proolamatlon contained this provision: "Time out of prison under t&la proolamatlon shall not be oonsldered as time served on bentenoe.w The erfect ofwhioh was to give hlzna leave of absenoe from oonflnement for whlah he oould reoelve no credit on hi.8asntenoe. ne returned to prison on the very day him repriem axpirad~ was not again relaaaed from prison until July IJ8,1938, when ha was glren another reprieve for 30 days. Atthattlma, he had aotually served approximately LBmpnths flat of his santsnoe.
Inview 0r the roreetolng,it 'isour OpiniOU that Auoy vra6 entitled to reoeive $50when hewas disoharged.

Yours very truly ATTORNEYC?ZNERRLCITTmS