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TREADGILL v. STATE

No. 27061.

275 S.W.2d 658 (1954)

Herman TREADGILL, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

On Rehearing January 12, 1955.

Attorney(s) appearing for the Case

Presley E. Werlein, Jr., Houston, for appellant.

Will Sears, City Atty., Robert L. Burns, Charles A. Easterling, Asst. City Attys., King C. Haynie, Asst. Dist. Atty., Houston, Wesley Dice, State's Atty., Austin, for the State.

WOODLEY, Judge.

Ordinance No. 8941 enacted by the City Council of the City of Houston, a Home Rule City, defines "fireworks" and declares their presence within the jurisdiction of the city a nuisance. Among other prohibitions, the ordinance makes it unlawful to sell fireworks of any description under penalty of a $200 fine.

Section 6(a) of said ordinance provides that it shall be applicable and in force "throughout...

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