Powell v. State

OPINION

DIES, Chief Justice.

Appellant was convicted in a jury trial of Gambling Promotion, under V.T.C.A., Penal Code, Sec. 47.03(a)(1). [All statutory references herein are to V.T.C.A., Penal Code.] Punishment was assessed by the jury at two years in the Texas Department of Corrections, probated, and a fine of $5,000.

Grounds of Error Nos. 1 and 2 urge that Subsection 47.03(a)(2) * of the Penal Code is unconstitutional because Section 47.01 of the Penal Code does not define the words “make,” “receive,” “record,” or “settle” and, as such, it denies his right to due process and equal protection…