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SMITHWICK v. STATE

No. 3-84-206-CR.

690 S.W.2d 651 (1985)

James M. SMITHWICK, Appellant, v. The STATE of Texas, Appellee.

Court of Appeals of Texas, Austin.

April 3, 1985.

Attorney(s) appearing for the Case

Laird Palmer, Austin, for appellant.

Ken Oden, County Atty., Berkley B. Bettis; Asst. County Atty., Austin, for appellee.

Before POWERS, EARL W. SMITH and CARROLL, JJ.

EARL W. SMITH, Justice.

James Smithwick appeals a judgment of conviction for operating a massage establishment in Travis County without having a valid massage parlor license issued by the Sheriff. Trial was to a jury, which found the defendant guilty. Punishment was assessed by the court at confinement in the county jail for 30 days and a fine of $1,000.00, with imposition of sentence as to confinement probated. Because the State failed to allege and prove an element...

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