Citation Numbers: 2 Tex. Ct. App. 390
Judges: White
Filed Date: 7/1/1877
Status: Precedential
Modified Date: 9/3/2021
The indictment in this case charges the defendant with unlawfully purchasing jury scrip whilst he was the sheriff of Freestone county, and was brought under the provisions of Article 354 b of the Penal Code (Pasc. Dig., Art. 1983), which defines and fixes the punishment for-unlawfully dealing injury scrip and witness fees.
It seems, however, that this Article of the Penal Code was. repealed by the 1st section of an act approved March 30, 1874, entitled “An act to prevent speculations by officers,, or tax-officers, or agents, in county, city, and town contracts, and liabilities.” Acts Fourteenth Legislature, 47. In the case of The State v. Smith, 44 Texas, 443, which is a case directly in point, our supreme court say: " The-offense of unlawfully dealing in jury scrip by county
If, as we think, the indictment in this case is good under the provisions of the act of 1874, the cause would still have to be reversed because the charge of the court, in declaring the penalty, did not present the law applicable to the case under this latter act, but was based entirely upon the provisions of the repealed Article 1983. The judgment is reversed and the cause remanded.
Reversed and remanded.