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EX PARTE RUBIN

No. 34887.

362 S.W.2d 331 (1962)

Ex parte Harry RUBIN.

Court of Criminal Appeals of Texas.

Rehearing Denied November 28, 1962.

Attorney(s) appearing for the Case

Simon & Simon, Richard U. Simon, Fort Worth, for appellant.

Doug Crouch, Dist. Atty., and Richard Trickey, Asst. Dist. Atty., Fort Worth, and Leon B. Douglas, State's Atty., Austin, for the State.

MORRISON, Judge.

Relator, who is in the custody of the Sheriff of Tarrant County, challenges the validity of such restraint on the grounds that the statute (Article 1436-2, Vernon's Ann.P.C.) under which he is charged is unconstitutional. The statute reads as follows:

"Any person, association of persons, corporate or other, who customarily engage in the business of obtaining motor vehicles for scrap disposal or resale of parts therefrom or any other form...

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