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COVARRUBIA v. BUTLER

No. 15183.

502 S.W.2d 229 (1973)

Frank COVARRUBIA, Appellant, v. Ted BUTLER et al., Appellees.

Court of Civil Appeals of Texas, San Antonio.

Rehearing Denied December 12, 1973.

Attorney(s) appearing for the Case

Mario Obledo, Guadalupe Salinas, Sharon G. Province, San Antonio, for appellant.

John L. Hill, Atty. Gen., of Tex., John M. Barron, Larry F. York, Joe B. Dibrell, Gilbert J. Pena, Asst. Attys. Gen., Austin, Howard C. Walker, City Atty., Thaddaeus Iglehart, Asst. City Atty., Ted Butler, Dist. Atty., Nelson Atwell, Asst. Dist. Atty., San Antonio, for appellees.

CADENA, Justice.

Plaintiff, Frank Covarrubia, appeals from the order of the District Court of Bexar County denying his prayer for judgment declaring Section 1(5) of Article 474 of the Vernon's Ann.Texas Penal Code unconstitutional, and refusing to enjoin various law enforcement officials from enforcing such statute. The defendants are the criminal district attorney of Bexar County, the attorney-general of the state of Texas, the city attorney of the city of San Antonio...

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