STATE v. STOVALL

No. 30802.

324 S.W.2d 874 (1959)

STATE of Texas ex rel. Richard H. BURKS, City Attorney, et al., Relators, v. Thomas J. STOVALL, District Judge, et al., Respondents.

Court of Criminal Appeals of Texas.

June 10, 1959.


Attorney(s) appearing for the Case

Richard H. Burks, City Atty., Homer T. Bouldin, Senior Asst. City Atty., Houston, for relators.

Bradshaw & Bradshaw, King C. Haynie, Houston, for respondents.


WOODLEY, Judge.

A penal ordinance of the City of Houston (Sec. 3-25 1958 Code of Ordinances as amended August 13, 1958) makes it unlawful for any person to keep, possess or maintain in the city limits any chickens, turkeys, geese, ducks, peafowls or any other bird or fowl except parakeets, canaries or similar size birds, or any pens, enclosures or other structures in which any such fowls are kept or possessed within 100 feet of any actual residence or habitation of...

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