Lempke v. State

• Decision Date: 20 January 1915
• Docket Number: (No. 3388.)
• Parties: LEMPKE v. STATE.
• Court: Texas Court of Criminal Appeals

Page 217

171 S.W. 217

LEMPKE v. STATE.

(No. 3388.)

Court of Criminal Appeals of Texas.

January 20, 1915.

Appeal from McLennan County Court; George N. Denton, Judge.

J. A. Lempke was convicted of violating the Sunday law, and he appeals. Affirmed.

C. E. Lane, Asst. Atty. Gen., for the State.

DAVIDSON, J.

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 Tex. Cr. R. 216, 117 S. W. 853, the complaint and information sufficiently charge prior convictions of similar offenses, and under Ex parte Lingenfelter, 64 Tex. Cr. R. 30, 142 S. W. 555, Ann. Cas. 1914C, 765, the opening of a moving picture show on Sunday is an offense. The writer has not agreed with the majority holding that the opening of a moving picture show on Sunday is a violation of the statute. These matters have been discussed by this court, and the majority have held it to be an offense. The writer has seen no reason to change his views expressed in the dissenting opinion. Under the authority of the above cases the judgment will be affirmed.

There are no bills of exception or statement of facts. The matters urged with reference to the charges therefore cannot be intelligently revised.

As the record is presented, the judgment will be affirmed.