COTTON v. STATE

No. 01-82-0537-CR.

662 S.W.2d 110 (1983)

David Leon COTTON, Appellant, v. The STATE of Texas, Appellee.

Court of Appeals of Texas, Houston (1st Dist.).

Discretionary Review Granted April 18, 1984.


Attorney(s) appearing for the Case

Larry D. Dowell, Houston, for appellant.

John B. Holmes, Jr., Houston, for appellee.

Before DUGGAN, JACK SMITH and LEVY, JJ.


OPINION

DUGGAN, Justice.

Appellant was convicted in a non-jury trial of the offense of selling beer to a person "showing evidence of intoxication," in violation of § 61.71(a)(6) and § 61.77 of the Alcoholic Beverage Code. (Vernon 1978 & Vernon Supp.1983). His punishment was assessed at a $200 fine.

We first consider appellant's second, or supplemental, ground of error, which urges that § 61.71(a)(6) is unconstitutionally vague...

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