Legal Opinion

Lempke v. State

Court of Criminal Appeals of Texas

Decided January 20, 1915No. 3388PublishedCited by 4 opinions

The opinion states the case.

1Opinion of the Court

DAVIDSON, Judge.

The complaint and information charge appellant with violating the Sunday law, in that he ran a moving picture show on Sunday. ,

In order to obtain the enhanced punishment, other clauses were added in the pleadings charging prior convictions of a similar offense. There are two reasons why it is contended the pleading is not sufficient, as well as in failing to charge an offense. Under Muckenfuss v. State, 55 Texas Crim. Rep., 216, the complaint and information sufficiently charge prior convictions of similar offenses, and under Lingenfelter v. State, 64 Texas Crim. Rep., 30, the…

2Cases cited2 opinions

  1. Muckenfuss v. StateCourt of Criminal Appeals of Texas · 1909
  2. Ex Parte LingenfelterCourt of Criminal Appeals of Texas · 1911

3Cited by4 opinions

  1. Hegman v. StateCourt of Criminal Appeals of Texas · 1921
  2. Cohen v. StateCourt of Criminal Appeals of Texas · 1917
  3. Cohen v. StateCourt of Criminal Appeals of Texas · 1917
  4. Cohen v. StateCourt of Criminal Appeals of Texas · 1917

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