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JONES v. WADE

No. 30509.

436 F.2d 1382 (1971)

Robert Alan JONES, Petitioner-Appellant, v. Henry WADE, etc., and Frank Dyson, etc., Respondents-Appellees.

United States Court of Appeals, Fifth Circuit.

February 12, 1971.

Attorney(s) appearing for the Case

Bill Barbisch, Sylvia M. Demarest, Dallas Legal Services Project, Dallas, Tex., for appellant.

N. Alex Bickley, City Atty., Thomas B. Thorpe, Joseph G. Werner, Asst. City Attys., Edgar A. Mason, Asst. Dist. Atty., Dallas, Tex., Henry Wade, Criminal Dist. Atty., Dallas County, Tex., for appellee Henry Wade.

Before JONES, BELL, and SIMPSON, Circuit Judges.

PER CURIAM:

The civil rights suit underlying this appeal was truncated by dismissal without an evidentiary hearing and without findings of fact. Under notice pleading concepts, the complaint is sufficient to create a conflict between the First Amendment and a Texas statute regulating conduct concerning the flag of the United States. Article 152, Vernon's Ann. Texas Penal Code. A question is also presented as to plaintiff's standing to assert the First Amendment question...

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