Lane v. State

Upon the original disposition of this case I filed a dissenting opinion in which I expressed the view, now entertained by a majority of this court, that Sec. (A) of Art. *599801, P.C., Vernon’s Ann.P.C. art. 801(A), under which this prosecution was brought and maintained, was not a valid law but had been repealed and superseded by Art. 6701d, Vernon’s R.C.S.

My dissenting opinion is now withdrawn and, in lieu thereof, I file this concurring opinion setting forth reasons why I think the majority opinion is correct.

It takes no legal reasoning to demonstrate that, if at the time the offense here…