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GARCIA v. STATE

No. 42219.

443 S.W.2d 847 (1969)

Raoul Pierce GARCIA, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

July 16, 1969.

Attorney(s) appearing for the Case

William G. Brown, San Antonio, for appellant.

James E. Barlow, Dist. Atty., Sparta Bitsis, Asst. Dist. Atty., San Antonio, and Jim D. Vollers, State's Atty., Austin, for the State.

OPINION

MORRISON, Judge.

The offense is wearing a mask in a public place; the punishment, a fine of $100.00.

Article 454a, Vernon's Ann.P.C., as construed by this court in Anderson v. State, 113 Tex.Cr.R. 450, 21 S.W.2d 499 reads as follows:

"If any person shall go into or near a public place masked, he or she shall be guilty of a misdemeanor, and upon conviction fined in any sum not exceeding $500.00 or imprisonment in the county jail not...

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