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88 Tex. Crim. 300

226 S.W 1078

Kirkpatrick v. State

Court of Criminal Appeals of Texas

Decided December 16, 1920

Court of Criminal Appeals of Texas · decided 1920-12-16

<p>Sunday Law—Moving Picture—Former Precedent.</p> <p>Where, upon trial of a violation of Article 302, Penal Code, by exhibiting a moving picture show on Sunday, defendant was convicted and appealed to this court, the case must be affirmed according to former precedent. Following Ex Parte Lingenfelder, 64 Texas Crim. Rep., 30, and other cases.</p>

Decided 1920-12-16

DAVIDSON, Presiding Judge.

¶1 Appellant was convicted of exhibiting a moving picture show on Sunday in violation of Article 302 P. C.

¶2*301 The questions presented for revision are very interesting, and, in the opinion of the writer, ought to be sustained, but the majority of the court have held otherwise on each question. They have been thoroughly discussed by the court as it was constituted at the time the opinion in Ex parte Lingenfelder, 64 Texas Crim. Rep., 30, was written, and again in Zucarro v. State, 82 Texas Crim. Rep., 1, after the personnel of the court had been changed. Again the questions were reviewed at this term of the court in Hegman v. State, just decided. The writer differed with the majority of the court on those questions, but his views have not obtained.

¶3 In obedience to those cases this judgment must be affirmed, and it is accordingly so ordered. • • -

¶4 Affirmed.

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