Sharp v. State

ON MOTION FOR REHEARING.

MORROW, Presiding Judge.

Appellant contends that we were in error in holding that Chapter 162, Acts of the 42nd Legislature, Regular Session, did not have the effect of repealing the penalty provided in Art. 802, P. C., for driving an automobile upon a public road while intoxicated. His position is that said Chapter 162 provides a penalty which is cumulative of that set forth in Art. 802, supra, and that therefore said chapter had the effect of repealing the penalty set forth in Art. 802. In Haworth v. State, 88 S. W. (2d) 115, it was the contention of the appellant…