Morgan v. State, 19767.
| Decision Date | 11 May 1938 |
| Docket Number | No. 19767.,19767. |
| Citation | 116 S.W.2d 1079 |
| Parties | MORGAN v. STATE. |
| Court | Texas Court of Criminal Appeals |
Appeal from District Court, Comanche County; R. B. Cross, Judge.
Scott Morgan was convicted of driving an automobile on a public highway while intoxicated, and he appeals.
Affirmed.
Fred O. Jaye, of DeLeon, for appellant.
Lloyd W. Davidson, State's Atty., of Austin, for the State.
The offense is driving an automobile on a public highway while intoxicated; the punishment, a fine of $50 and confinement in jail for five days.
Article 802, P.C., as amended by chapter 424, Acts of the First Called Session of the 44th Legislature, Vernon's Ann.P.C. art. 802, denounced the offense of driving an automobile or motor vehicle upon any public highway, etc., while intoxicated. It was provided that any person who offended against the provisions of the statute should be "confined in the penitentiary for not more than two (2) years, or be confined in jail for not less than thirty (30) days nor more than ninety (90) days, or fined not less than Fifty Dollars ($50) nor more than Five Hundred Dollars ($500) or be punished by both such fine and imprisonment in jail."
Said article was amended by House Bill No. 120, Acts of the Regular Session of the 45th Legislature, Vernon's Ann.P.C. art. 802, under a caption reading as follows: "An Act amending Article 802, Penal Code of Texas, 1925, Chapter 424, Acts of the First Called Session, Forty-fourth Legislature, and declaring an emergency."
The only change in the definition of the offense is found in the additional language, "or in any degree under the influence of intoxicating liquor." As to the penalty, it is provided that one offending against the act shall be confined in the penitentiary "for not more than two (2) years, or be confined in the county jail for not less than five (5) days nor more than ninety (90) days and fined not less than Fifty Dollars ($50) nor more than Five Hundred Dollars ($500)."
Appellant insists that the caption of the act is insufficient under the terms of section 35, article 3 of the Constitution. The applicable portion of the cited section of the Constitution reads:
The title of the act does not specify the particular field the amendment covers. It merely specifies the article of the penal code to be amended. The provisions of the amendatory act are germane to the subject of article...
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