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DUKE v. STATE

No. 01-86-0148-CR.

725 S.W.2d 289 (1986)

James B. DUKE, Appellant, v. The STATE of Texas, Appellee.

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

Rehearing Denied January 8, 1987.

Attorney(s) appearing for the Case

Irving L. Bates, Sam Deane, Houston, for appellant.

John B. Holmes, Jr., Harris County Dist. Atty., James C. Brough, Luis Aguilar, Harris County Asst. Dist. Attys., Houston, for appellee.

Before EVANS, C.J., and WARREN and JACK SMITH, JJ.

OPINION

WARREN, Justice.

Appellant was charged by an information that alleged that he, "while an agent of William A. Strayer, authorized to sell beer at retail on premises licensed under the laws of Texas, knowingly became intoxicated on the licensed premises," in violation of Tex.Alco.Bev.Code Ann. sec. 104.01(5) (Vernon Supp.1986).

Upon his plea of not guilty, the court found him guilty and assessed punishment at six months in jail, probated, and...

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