Doucette v. State

317 S.W.2d 200, 166 Tex. Crim. 596, 1958 Tex. Crim. App. LEXIS 4702

Opinions

MORRISON, Presiding Judge.

The offense is the sale of a pistol to a minor under Article 489, V.A.P.C.; the punishment, a fine of $100.00.

Our prior opinions are withdrawn.

Appellant plead guilty, and the sole question here presented is whether or not Article 489a, V.A.P.C., repealed Article 489, V.A.P.C., insofar as the latter denounces the offense here charged. The state contends that the caption of Article 489a does not contain sufficient notice that the act itself prescribed a penalty for the sale of a pistol to a minor and is therefore invalid by virtue of Article III, Section 35, Constitution of Texas, and that Article 489, V.A.P.C., remains in force.

We have examined the caption of Article 489a in the light of such contention and fail to find therein any intimation that the act itself purported to legislate upon the offense here involved. We find therein no mention of minors and agree with the state’s contention.

The judgment is affirmed.