Legal Opinion · Dissent

Sportatorium, Inc. v. State

Court of Appeals of Texas

Decided March 20, 1937No. 12469Published

1DissentBond, Justice

The powers of government are intended to act upon the civil conduct of the citizens ; and, whenever their conduct becomes such as to offend against morals or public decency, it becomes within the range of legislative authority. The policy of the law is not a matter of judicial consideration.

The Penal Cod'e provides that the design of enacting it “is to define in plain language every offense” (Penal Code 1925, art. 1 ; Wimberly v. State, 98 Tex.Cr.R. 152, 265 S.W. 155) ; that no person shall be punished for an offense, if the law is so indefinitely framed or of such doubtful consideration that…

2Cases cited7 opinions

  1. Missouri, Kansas & Texas Railway Co. v. StateTexas Supreme Court · 1907
  2. State v. DukeTexas Supreme Court · 1911
  3. Ex Parte SlaughterCourt of Criminal Appeals of Texas · 1922
  4. State v. DukeTexas Supreme Court · 1911
  5. Anderson v. StateCourt of Criminal Appeals of Texas · 1929

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