Cases argued and decided in the Supreme Court of Texas, during the latter part of the Tyler term, 1874, and the first part of the Galveston term, 1875. Volume 42. Page: 384
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384 THE STATE V. MCCRACKEN. [Term of
Opinion of the Court.
fitrell, for the State.
ROBERTS, C. J. Chapter II. of Title XXI of the Penal Code
adopted by the Legislature of Texas,and approved on the 26th
of August, 1856, was headed, " Of threats to commit offenses,"
and contained four Articles, numbers 784, 785, 786, and 787.
The first of which, 784, defined the offense, and the others were
dependent upon and explanatory of that one.
From some cause the leading article, 784, was entirely left
out of Paschal's Digest, without any explanation to show
whether it was accidentally or designedly omitted.
For the purpose, either of restoring this omission, or of increasing
the penalty, the Legislature, on the 18th of October,
1871, re-enacted all of the sections of said chapter, with a change
alone as to the punishment, with a title as follows:
" CHAPTER XI.
"An Act to amend an Act entitled ' An Act to adopt and estab"'
lish a Penal Code for the State of Texas, approved
' ' Autgust 26, A. D. 1871.
" Section I. Be it enacted by the Legislatuere of the State of
"Texas, that Title XXI., Chapter II., of an Act entitled ' An
"'Act to adopt and establish a Penal Code for the State of
"'Texas, approved August 26th, A. D. 1856,' be so amended
as to read as follows:
".Article 784. If any person shall threaten to take the life of
" any human being, or to inflict on any human being any serious
" bodily injury, he shall be punished by confinement in the pen"
itentiary for a period of not less than one year nor more than
five years, or by fine of not less than five hundred dollars, nor
"more than two thousand dollars."
Then follows Articles 785, 786, 787, as they are in Paschal's
Digest of Laws. The word and number, " Chapter XI.," constituting
the above heading, has reference to the chapter in the
general laws of the " Second session, 1871," and not to the
chapters of the Penal Code. Pamphlet Ace, p. 15, 2 Sess.
1871. 12th Legislature. 2 Paschal's Digest, p. 1338.
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Texas. Supreme Court. Cases argued and decided in the Supreme Court of Texas, during the latter part of the Tyler term, 1874, and the first part of the Galveston term, 1875. Volume 42., book, 1881; St. Louis, Mo.. (texashistory.unt.edu/ark:/67531/metapth28531/m1/392/: accessed April 25, 2017), University of North Texas Libraries, The Portal to Texas History, texashistory.unt.edu; .