
    PHILLIPS v. STATE.
    (No. 4339.)
    (Court of Criminal Appeals of Texas.
    Feb. 28, 1917.)
    Appeal from Tarrant County Court; Jesse M. Brown, Judge.
    J. S. Phillips was convicted under Pen. Code, art. 302, of exhibiting in a place of amusement a moving picture show on Sunday, and he appeals.
    Affirmed.
    Baskin, Dodge, Baskin & Eastus, of Ft. Worth, for appellant. Marshall Spoonts, Co. Atty., W. R. Parker, Asst. Co. Atty., S. J. Cal-laway, Asst. Co. Atty., and Turner, Cummings & Doyle, all of Ft. Worth, and E. B. Hendricks, Asst. Atty. Gen., for the State.
   DAVIDSON, P. J.

This conviction was for violation of article 392, P. C., wherein appellant was convicted for exhibiting in a place of amusement a moving picture show on Sunday. The majority of the court have held the law constitutional and valid in the Zucarro Case, 197 S. W. 982, this day decided. I do not believe the decision correctly decides the law, but the majority have held the other way, and in obedience to their finding, this judgment will be affirmed.  