Vaughn v. State

ON REHEARING.

March 17, 1920.

MORROW, Judge.

—The correctness of the conclusion expressed in the original opinion is assailed upon the proposition that in the offense under consideration the element of knowledge is not involved. The statute in force supplants an older one in which knowledge was expressly made an element. See Art. 430, Acts of 1895; Teague v. State, 25 Texas Crim. App., 577. The omission of this element in the new statute, Article 704, Penal Code, implies an intent that in future prosecution it should not be incumbent upon the State to allege or prove guilty knowledge with…