Walker v. State
| Decision Date | 11 May 1938 |
| Docket Number | No. 19766.,19766. |
| Citation | 116 S.W.2d 1076 |
| Parties | WALKER v. STATE. |
| Court | Texas Court of Criminal Appeals |
Appeal from District Court, Comanche County; R. B. Cross, Judge.
C. D. Walker 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, reads as follows: "Any person who drives or operates an automobile or any motor vehicle upon any street or alley or any other place within the limits of any incorporated city, town, or village or upon any public road or highway in this State while such person is intoxicated, shall 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."
The foregoing article was amended by House Bill No. 120, Acts of the Regular Session of the 45th Legislature, Vernon's Ann.P.C. art. 802, from which we quote as follows:
Appellant attacks the caption of the act, insisting that it is violative of section 35, article 3 of the Constitution. The applicable portion of the cited section of the Constitution reads:
Generally, a reference to a number of an article in a Code, such as our revised statutes, is sufficient in the title of an act amendatory thereof, to allow any amendment germane to the subject treated in the article referred to. Katz v. State, 122 Tex.Cr.R. 231, 54 S.W.2d 130; English & Scottish American Mortgage & Investment Co. v. Hardy, 93 Tex. 289, 55 S.W. 169; State v. McCracken, 42 Tex. 383, 384; Lowe et al. v. Commissioners' Court of Val Verde County et al., Tex.Civ.App., 69 S.W.2d 153; Nichols v. State, 32 Tex.Cr.R. 391, 23 S.W. 680. We quote from 39 Tex. Jur. 102, as follows:
Appellant cites Rothner v. State, 122 Tex.Cr.R. 309, 55 S.W.2d 98, and Ex parte Heartsill, 118...
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White v. State
...to the invoked constitutional provision.' This rule was well discussed by Judge Christian speaking for this Court in Walker v. State, 134 Tex.Cr.R. 500, 116 S.W.2d 1076. See also Morgan v. State, 134 Tex.Cr.R. 490, 116 S.W.2d 1079; Pittman v. State, 134 Tex.Cr.R. 494, 116 S.W.2d 1080. In Wa......
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...provision amended, is invalid as legislation upon a matter not expressed in the title of the amendatory act." Walker v. State, 134 Tex.Crim. 500, 116 S.W.2d 1076, 1078 (1938) (approving the opinion of the Commission of Appeals) (quoting 39 Tex.Jur. 102) (emphasis added), cited with approval......
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