Albrecht v. State

Citations

• 8 Tex. Ct. App. 313

Syllabus

<p>1. Construction of Statutes. — When a statute is capable of two constructions equally reasonable, that should be adopted which effects the intention of the law-making power in the enactment of the statute, unless such a construction contravenes some other potent provision of law.</p> <p>2. Same. — In the construction of statutes, the intention will frequently control the express language of the act.</p> <p>3. The Sunday Law. — Art. 186 of the Penal Code was intended to prevent barter and sale of merchandise on Sunday, and each act of barter and sale is an offence for which an independent prosecution will lie.</p> <p>4. Indictment.—It is not necessary that an indictment should describe the offence charged with such particularity as to entirely dispense with proof of its identity when the judgment is pleaded in bar of a subsequent prosecution.</p>