Cooper v. State
Court of Appeals of Texas
Appeal from the District Court of Karnes. Tried below before the Hon. H. C. Pleasants. This conviction was for carrying a gun about an election, as that offense is defined by article 163 of the Penal Code. The punishment assessed against the appellant was a fine of one hundred dollars.
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Appeal from the District Court of Karnes. Tried below before the Hon. H. C. Pleasants. This conviction was for carrying a gun about an election, as that offense is defined by article 163 of the Penal Code. The punishment assessed against the appellant was a fine of one hundred dollars. The State read in evidence the petition of the citizens of precinct number 4, of Karnes county, for an election under the local option law, the order of the commissioners’ court thereon, appointing the election, and the subsequent order of the same court declaring the result of the election. The State then…
1Opinion of the Court
Hurt, Judge.
Appellant was convicted for carrying a gun on a day of election, during the hours the polls were open, within one-half mile of the voting place. He, by counsel, moved to-quash the indictment, because article 163 of the Penal Code, upon which this indictment is predicated, and article 320 of the Penal Code “ define the same offense set forth in the indictment, and they provide different punishments; and, therefore, no certain punishment is affixed by law to the offense charged.”
If the same acts constitute an offense, though found in different statutes or articles of the same code,…
2Cited by6 opinions
- Ex Parte SanfordCourt of Criminal Appeals of Texas · 1956
- Alejos v. StateCourt of Criminal Appeals of Texas · 1977
- Alejos v. StateCourt of Criminal Appeals of Texas · 1977
- Moran v. StateCourt of Criminal Appeals of Texas · 1938
- Untitled Texas Attorney General Opinion, Texas Attorney General Reports1974
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