Castellano v. State, 43029
| Decision Date | 22 July 1970 |
| Docket Number | No. 43029,43029 |
| Citation | 458 S.W.2d 73 |
| Parties | Frank CASTELLANO, Appellant, v. The STATE of Texas, Appellee. |
| Court | Texas Court of Criminal Appeals |
Jack Welch, Marlin (on appeal only), for appellant.
Jim D. Vollers, State's Atty., Austin, for the State.
The conviction is for carrying a pistol on licensed premises; the punishment, two years.
The appellant entered a plea of guilty before a jury and requested that the jury assess his punishment.
In the first two grounds of error it is contended that Article 483, Vernon's Ann.P.C., as amended in 1968, is unconstitutional under Art. III, Sec. 35, Texas Constitution, Vernon's Ann.St., because the body of the bill does not conform to the caption and because the Act, as amended, contains more than one subject.
The caption to Chapter 3, Acts of the 60th Legislature, 1968 (Art. 483, V.A.P.C. as amended) reads as follows:
'An Act relating to possession of certain weapons on premises covered by a permit or license issued under the provision of the Texas Liquor Control Act and at dances where alcoholic beverages are openly served; the display of a sign in premises covered by a Retail Dealer's On-Premise License; providing penalties; Article 483, Penal Code of Texas, 1925, as amended, and Article II, Texas Liquor Control Act (Articles 667--1 through 667--33, Vernon's Texas Penal Code); and declaring an emergency.'
The appellant was indicted and prosecuted under Art. 483(a), supra, which provides as follows:
'Any person who shall carry on or about his person, saddle or in his saddlebags, or in his portfolio or purse any pistol, dirk, dagger, slung shot, blackjack, hand chain, night stick, pipe stick, sword cane, spear, knuckles made of any metal or any hard substance, bowie knife, switch blade knife, spring blade knife, throw blade knife, a knife with a blade over five and one half (5 1/2) inches in length, or any other knife manufactured or sold for the purposes of offense or defense shall be punished by a fine of not less than One Hundred Dollars ($100) nor more than Five Hundred Dollars ($500) or by confinement in jail for not less than one (1) month nor more than one (1) year, except that if the offense is committed by a person while in any premises covered by a permit or license issued under the provisions of the Texas Liquor Control Act or at any dance where the public is invited and alcoholic beverages are openly sold, served, or consumed, he is guilty of a felony and upon conviction shall be punished by imprisonment in the state penitentiary for not less than two (2) years nor more than five (5) years.'
Art. III, Sec. 35, Texas Constitution, supra, provides:
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