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CHAPTER LXXIII.

An Act to amend an Act entitled an Act to adopt and establish a Penal Code for the State of Texas, approved August 28th, 1866 . and to repeal certain portions thereof. 

Section 1. Be it enacted by the Legislature of the State of Texas, That Articles 32, 34, 35, 39 and 408, of the above recited Act be so amended as to hereafter read as follows, to-wit: Article 32. All persons, whether inhabitants of this State or of the United States, or aliens, are amenable to punishment for offences which are defined and made punishable under the provisions of part II. of this Code. The exceptions to the general rule here laid down, are given in the subsequent article of this Code. Article 34. All persons who have less than one-eighth African blood come within the meaning of the term "white persons," and all persons who have one-eighth, or a greater portion of African blood come within the meaning of the term "persons of color." Article 35. No act done within the uninhabited portion of the State, by individuals belonging to the several Indian tribes, in their intercourse with each other, or with other tribes, and affecting no other person, is considered as an offence against this Code. but in all other respects, such individuals are upon a footing with all other persons, both as to protection and liability to punishment. Article 39. When it shall appear that a minor was aided or instigated in the commission of an offence, by a relation in the ascending line, or by his guardian, or an apprentice under. age by his master, or a wife by her husband, such relation, guardian, master or husband shall, at the direction of the jury, in capital cases, be punished by death. and in cases not capital, shall receive double the punishment imposed by law in ordinary cases, for the same offence. Article 408. If any person shall give, or barter, or cause to be sold, given or bartered, any ardent spirits, or any spirituous or intoxicating liquors, or fire arms, or ammunition to any Indian of the wild or unfriendly tribes, he shall be fined not less than ten nor more than one hundred dollars. Justices of the Peace and Mayors shall have jurisdiction under this article. 

Sec. 2. That Articles 33, 218a, the 4th clause of Article 226, Articles 506, 564, 565, 566, and Chapters 1, 2, 3, 4, 5, 6, 7 and 8, of Title 19, Part II; also, Titles 1 and 2, and Chapter 1, of Title III, Part III, and Articles 822, 823, 824, 825 and 829 of Chapter II, Title III, Part III, of the said Act; and also, sections I and 3, and the proviso of section 4, of an Act approved March 5th, 1863, entitled an Act to amend an Act to amend an Act to establish a Penal Code, approved August 26th, 1856, approved February 12th, 1858; and all Acts and parts of Acts amendatory of any Article, Chapter or Title, named in this section, be and the same are hereby repealed. 

Sec. 3. That this Act shall take effect and be in force from and after its passage. 

Passed October 31, 1866.

  Extracted from Gammel's The Laws of Texas

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