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KIRTLEY v. STATE

No. 54961.

585 S.W.2d 724 (1979)

Lushion Edward KIRTLEY, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas, Panel No. 1.

Rehearing Denied September 19, 1979.

Attorney(s) appearing for the Case

Emmett Colvin, Dallas, for appellant.

Henry M. Wade, Dist. Atty., John H. Hagler, Gerry Holden and Andy Anderson, Asst. Dist. Attys., Dallas, Robert Huttash, State's Atty., Austin, for the State.

Before ODOM and W. C. DAVIS, JJ.

Rehearing En Banc Denied September 19, 1979.

OPINION

W. C. DAVIS, Judge.

Following a conviction for public lewdness, V.T.C.A. Penal Code, Sec. 21.07(a)(3), appellant was assessed a fine of one thousand dollars ($1,000) and thirty (30) days confinement. The dispositive issue on appeal is whether the act was committed in a "public place" as required by V.T.C.A. Penal Code, Sec. 21.07(a)(3).

Appellant...

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