Oliver v. State

I do not propose writing in detail my reasons for this dissent. A mere reference to the statute and the construction placed on it by the majority opinion might be sufficient to show the erroneous conclusion reached by that opinion.

By express provision of articles 1 and 9 of the Penal Code, there can be no crime in Texas except it be declared by the Legislature in plain language. This, of course, must be by legislative enactment. This court can not by construction enact laws or create offenses. No one will question this proposition.

Now to the case in hand. Appellant was charged as “agent” and…