Vernon's criminal statutes of Texas Author:Texas Purchase of this book includes free trial access to www.million-books.com where you can read more than a million books for free. This is an OCR edition with typos. Excerpt from book: impose a cumulative penalty on the accused, and a conviction was had. the case should only be reversed and remanded, as a valid trial may be had on the offense s... more »ufficiently charged in the flrst paragraph. Neece v. State, 62 App. 378, 137 8. W. 918. Under this article an information, alleging that accused had been convicted of the "same offense," setting out two Instances thereof did not properly charge the character of offense; the words "same offense" not meaning the identical offense, but one of like character. Collins v. State (Cr. App.) 171 S. W. 729. Evidence.—In the trial of one for keeping a theater open In violation of the Sunday law, charged not to be his first offense, evidence held sufficient to support a finding that the prior convictions charged In the Information were for offenses of the same Identical character and kind as that for which he was on trial. Gould v. State (Cr. App.) 146 S. W. 172. In the trial of one for a violation of the Sunday law alleged not to be his flrst offense, the records of the corporation court of a city, showing that he had been tried for a similar offense, and, upon a plea of guilty, had been fined, were admissible in evidence to show his liability to the enhanced punishment prescribed by article 1014, for second and subsequent similar offenses, regardless of the validity of the judgment entry therein shown. Gould v. State (Cr. App.) 146 S. W. 172. Where a judgment of the defendant's prior conviction of a similar offense had never been used to enhance his punishment In any case, It was admissible In evidence In his trial for keeping a theater open in violation of the Sunday law to show his liability to the enhanced punishment prescribed by this article for second and subsequent similar offenses. Gould v. State (Cr. App.) 146 S...« less