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: 386
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386 THE STATE V. MCCRACKEN. [Term of
Opinion of the Court.
Now can this mistake of inserting 1871 for 1856, as being
the year when the Penal Code designed to be amended was
approved, take any one by surprise, or in any way mislead any
one as to the object or application of the amendment? We
think not. Texas never had but one " Penal Code," in the
sense conveyed in this title, and that was approved on the 26th
of August, 1856; and it has been amended continually ever
since its adoption, by referring to it in the titles of the amendatory
acts, as the Penal Code, not meaning thereby generally
a body of criminal laws in force in the State, but specially the
Penal Code that was adopted as one act of the Legislature,
and which was approved on the 26th of August, 1856. There
was no such act establishing a Penal Code in 1871.
The leading object, as expressed in this title, was the amendment
of the Penal Code, there being but one such, according
to the understanding of all persons who understood anything
about it, and the date assigned to it of " 1871" would rarely
be noticed at all, and when noticed, would be known to be a
mistake or misprint; and therefore no one could be misled by
it to his prejudice.
In holding this provision to be mandatory, it has been well
said, that it would be appropriate to give it a rigorous and
technical construction. (Walker v. Calwell, 4 Am. La. R.,
We are of opinion that the court below erred in sustaining
the exception to the indictment.
Judgment reversed and cause remanded.
Reversed and remanded.
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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/m1/394/: accessed June 29, 2017), University of North Texas Libraries, The Portal to Texas History, texashistory.unt.edu; .