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ALLEN v. STATE

No. 64559.

604 S.W.2d 191 (1980)

Verna Evadine ALLEN, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas, Panel No. 3.

September 10, 1980.

Attorney(s) appearing for the Case

W. Lawrence Gray, Houston, for appellant.

John B. Holmes, Dist. Atty., and Larry P. Urquhart and Antonio Balderas, Asst. Dist. Attys., Houston, Robert Huttash, State's Atty., Austin, for the State.

Before ROBERTS, TOM G. DAVIS and W. C. DAVIS, JJ.

OPINION

ROBERTS, Judge.

This appellant brings a First Amendment challenge to Section 104.01(4) of the Alcoholic Beverage Code:1

"No person authorized to sell beer at retail, nor his agent, servant, or employee, may engage in or permit conduct on the premises of the retailer which is lewd, immoral, or offensive to public decency, including, but not limited to, any of the following...

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