Papageorge v. State

ON appellant’s motion for rehearing.

WOODLEY, Judge.

This is a conviction upon complaint and information admittedly predicated upon Art. 941 V.A.P.C. for a subsequent offense of using a seine within the waters of Ingleside Cove, the punishment assessed being a fine of $200.00.

A prior conviction for the same act was reversed because of a defect in the allegations as to the prior convictions. Papageorge v. State, 157 Tex. Cr. R. 119, 246 S.W. 2d 880.

Appellant now contends that insofar as the waters of Ingleside Cove are concerned, Art. 941 V.A.P.C. was repealed by *557S.B. 317, Acts of the 45th…