# Ex Parte Devereaux

> Court of Criminal Appeals of Texas · March 24, 1965 · 389 S.W.2d 672

URL: https://www.frixlaw.com/law-library/cases/9778200

## Case

- **Full name:** Ex Parte Floyd A. DEVEREAUX
- **Court:** Court of Criminal Appeals of Texas
- **Decided:** March 24, 1965
- **Citations:** 389 S.W.2d 672
- **Precedential status:** Published
- **Opinion:** On rehearing by Morrison
- **Judges:** Dice, Morrison
- **Cited by:** 7 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9778200

## Opinion text

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.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9778200. Public record. Not legal advice.