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DEEDS v. STATE

No. 44169.

474 S.W.2d 718 (1971)

Gary Allen DEEDS, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

Rehearing Denied January 26, 1972.

Attorney(s) appearing for the Case

Robert E. Alexander, III, Dallas, for appellant.

Henry Wade, Dist. Atty., and Edgar A. Mason, Asst. Dist. Atty., Dallas, and Jim D. Vollers, State's Atty., Austin, for the State.

OPINION

ODOM, Judge.

Appellant was convicted for violating Article 152, Vernon's Ann.P.C.1 which makes it a felony to insult the flag of the United States. Punishment was assessed by a jury at four years.

The constitutionality of Article 152 is challenged on two grounds. First, appellant argues that this state may not punish one who publicly destroys or damages an American flag as a means of protest without contravening...

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