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COTTON v. STATE

No. 035-84.

686 S.W.2d 140 (1985)

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

Court of Criminal Appeals of Texas, En Banc.

February 6, 1985.

Attorney(s) appearing for the Case

Larry D. Dowell, Houston, for appellant.

John B. Holmes, Jr., Dist. Atty., Patricia Saum and Kent Ellis, Asst. Dist. Attys., Houston, Robert Huttash, State's Atty. and Cathleen R. Riedel, Asst. State's Atty., Austin, for the State.

Before the court en banc.

OPINION ON APPELLANT'S PETITION FOR DISCRETIONARY REVIEW

MILLER, Judge.

This is an appeal from a conviction of the misdemeanor offense of selling beer to a person showing evidence of intoxication in violation of V.T.C.A., Alcoholic Beverage Code, §§ 61.71(a)(6) and 61.77. Appellant was convicted in a bench trial and, pursuant to the general penalty provision of V.T. C.A., Alcoholic Beverage Code, § 1.05, punishment was assessed by the court...

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