Greer v. State

• Citation: 22 Tex. 588
• Parties: STEPHEN GREER v. THE STATE.
• Decision Date: 01 January 1858
• Court: Supreme Court of Texas

22 Tex. 588

STEPHEN GREER

v.THE STATE.

Supreme Court of Texas.

1858.

Where a section of a statute is amended, and the amendment is made in such terms that it stands in the stead of the said section, and by a subsequent act, the said section of the original statute is expressly repealed, the amendment, which was made to stand in its place is thereby repealed.

An offense may be punished, either under the law in force at the time it was committed, or under the law in force at the time of the trial, if this mitigated the punishment; or perhaps, in the absence of express provision, according as the accused might elect, to be tried and punished, under the law in force, when the offense was committed, or under the law in force at the time of the trial.

But when a law, which describes an offense, and prescribes for its punishment, is repealed, and there is no law in force recognizing the offense, and providing for its punishment, then no one can be punished for that offense, although the act was done at a time when the law defined the offense, and prescribed its punishment; for no one can be punished, except by virtue of a law in force at the time of the trial of the offender.

APPEAL from Brazos. Tried below before the Hon. John Gregg.

Appellant was indicted on the 4th of September, 1856, for permitting, on the 1st day of January, 1856, a slave owned by him and under his control, to carry fire-arms, at other places than on his premises.

The facts are stated in the opinion.

Rogers, for appellant.

Attorney General, for appellee.

BELL, J.

The 6th section of the act of Februay 5th, 1840, entitled “An act concerning slaves,” prohibited slaves from carrying fire-arms in the republic, without the written consent of the master, mistress, or overseer. This was the first statute on the subject in Texas. It did not make the carrying of fire arms by a slave, without the written consent of the master, mistress or overseer, an indictable offense. It only provided that the fire-arms, or other weapons, might be taken away from the slave, and that the same might be forfeited, if they did not exceed ten dollars in value, etc. On the 3d December, 1850, there was an act approved, amending the 6th section of the act of 5th February, 1840. This was done in such manner that the amendment of the 3d December, 1850, stood in the stead of the 6th section of the act of February, 1840. This amendment made it an indictable offense for any owner, overseer or employer of slaves, under his control or in his employment, to permit such slave or slaves to carry fire arms of any description, or other deadly weapons, at other places than on the premises of such owner, overseer or employer....