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WHALEY v. STATE

No. 46152.

496 S.W.2d 109 (1973)

Charles Ray WHALEY, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

June 13, 1973.

Attorney(s) appearing for the Case

Edward Mallett, and Lawrence W. Sauer, Jr., Houston, for appellant.

Carol S. Vance, Dist. Atty., James C. Brough and Robert Ross, Asst. Dist. Attys., Houston, Jim D. Vollers, State's Atty., and Robert A. Huttash, Asst. State's Atty., Austin, for the State.

OPINION

DAVIS, Commissioner.

This appeal is taken from a conviction for inciting a riot. Punishment was assessed at a $1000 fine.

Appellant contends the statute under which he was prosecuted is unconstitutional in violation of Article III, Section 35, of the Texas Constitution, Vernon's Ann.St., providing:

"No bill ... shall contain more than one subject, which shall be expressed in its title...

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