Rothner v. State

CHRISTIAN, Judge.

The offense is attempt at arson; the punishment, confinement in the penitentiary for two years.

Appellant -was convicted under the provision of chapter 82, Acts of the Regular Session of the Forty-second Legislature. He contends that the act is unconstitutional; the ground of the attack being that the penalty for attempt to commit arson, as set forth in article 1316, P. C., was changed, notwithstanding such change was not within the scope of the caption of chapter 82. We quote the caption of the Act as follows: “An Act to amend Article 1316, Chapter 1, Title 17, of the Penal…