§ 10.09  OFFENSES PUNISHABLE UNDER SEPARATE PROVISIONS.
   In all cases where the same offenses may be made punishable or may be created by different clauses or sections of this code, the prosecuting officer may elect under which to proceed.  However, not more than one recovery shall be had against the same person for the same offense, except where continuing acts are designated in the code as separate offenses.
('75 Code, § 1.05)