Adley v. State

In its motion for rehearing the State urges a construction of the statutes that would sustain constitutionality of V.T.C.A. Penal Code, § 47.03(a)(2). The majority disdains that approach, notwithstanding its antiquity in jurisprudence of practically every jurisdiction as well as this one. See 53 Tex.Jur.2d 277-278, Statutes, § 184.

For reasons stated in my dissenting opinion on original submission we should take that approach and, having taken it, uphold validity of § 47.03(a)(2) on the construction given the statutes in my dissenting opinion in Dowdy & Dowdy v. State, 713 S.W.2d 350…