Henderson v. State

*324ON APPELLANT’S MOTION FOR REHEARING

WOODLEY, Presiding Judge.

Appellant challenges our holding that the provisions of Art. 1436e Vernon’s Ann.P.C. are sufficiently definite and certain to define the offense of shoplifting. It is contended that such holding is diametrically opposed to the holding of this Court in Musick v. State, 121 Tex.Cr.R. 616, 51 S.W.2d 715, and that if the affirmance herein stands, Musick v. State should be expressly overruled.

As pointed out by appellant, Musick v. State was cited in the recent case of McCann v. State, 168 Tex.Cr.R. 383, 328 S.W.2d 298, and more recently…