Archey v. State

CALHOUN, Judge.

This conviction is under article 1339a, P. C., chapter 167, Acts of the Regular Session of the 42d Legislature; punishment assesed at a fine of $200.00 and 30 days in jail.

The charging part of the count in the information upon which the jury convicted, omitting the formal parts, reads as follows: “* * * did then and there unlawfully open a stinking offensive substance in the Gem Theatre in Wichita Falls, Wichita County, Texas, with a malicious intent wrongfully to injure the business of A. A. Mcllhearn.”

Appellant contends that the act of the legislature under which the…