Opinion

Ex Parte Devereaux

  • 389 S.W.2d 672
Court
Court of Criminal Appeals of Texas
Filed
Mar 24, 1965
Status
Published
Author
Morrison
On the bench
Dice, Morrison
Cited by
7 cases
Authority
More cited than 10.9%

The opinion

ON MOTION FOR REHEARING

MORRISON, Judge.

Appellant contends that since Section 15 of Article 827a, Vernon’s Ann.P.C. provided a punishment different from that now prescribed by Section 143(b) of Article 6701d, Vernon’s Ann.Civ.St, the caption of House Bill 161 of the 58th Legislature, Regular Session, codified as Sections 166 through 172 of Article 6701d, supra, is insufficient because it does not give notice that the penalty has been changed. The questioned caption reads as follows:

“An Act amending Chapter 421, Acts of the Fiftieth Legislature, Regular Session, 1947, as amended (codified as Article 6701d, Vernon’s Texas Civil Statutes), and known as the ‘Uniform Act Regulating Traffic on Highways,’ by adding thereto a new Article relating to speed of vehicles, and rules of enforcement; repealing Section 8 of Chapter 42, Acts of the Forty-first Legislature, Second Called Session, 1929, as amended (codified as Section 8 of Article 827a, Vernon’s Penal Code of Texas); and declaring an emergency.”

In the light of the reasoning of the Supreme Court of this State in Schlichting v. Texas State Board of Medical Examiners, 158 Tex. 279 , 310 S.W.2d 557 , of this Court in Ex parte Wilson, 374 S.W.2d 229 , and the San Antonio Court of Civil Appeals in Dickison v. City of San Antonio, 349 S.W.2d 640 , we hold the above caption to be sufficient.

Appellant’s other contentions have been examined and are found to be without merit.

Appellant’s motion for rehearing is overruled.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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