Appellant submits his motion on the proposition that Art. 1259b, Vernon's 1916 P. C., under which this prosecution was had, was repealed by the act of the 1917 Legislature, which is Art. 1259bb, Vernon's Complete Texas Statutes 1920. We have discussed this proposition in cause No. 9492, Raymond Acton v. State, opinion this day handed down, and are of opinion appellant's contention is without merit, and the motion for rehearing will accordingly be overruled.