Tussey v. State

OPINION

ONION, Presiding Judge.

The offense is establishing a lottery.

After an indictment was returned on December 20, 1971, it was transferred to County Court at Law No. 3 of Harris County since the offense involved was a misdemeanor.

On April 24, 1972, the appellant entered a plea of nolo contendere to the charge against him and punishment was assessed at a fine of $500.00.

On appeal, appellant attacks the constitutionality of Article 654, Vernon’s Ann.P.C., as amended, (Acts 1971, 62nd Leg., p. 2823, ch. 922), under which he contends his conviction was obtained.

Prior to the said amendment,…