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STATE v. EAVES

No. 07-89-0304-CR.

786 S.W.2d 396 (1990)

STATE of Texas, Appellant, v. Rickey J. EAVES, Appellee.

Court of Appeals of Texas, Amarillo.

January 18, 1990.

Attorney(s) appearing for the Case

T.D. Hammons, Office of the County Atty., Amarillo, for appellant.

Jeff Blackburn, Larry B. (Rusty) Ladd, Amarillo, for appellee.

Before REYNOLDS, C.J., and DODSON and POFF, JJ.

POFF, Justice.

Appellee Rickey J. Eaves was charged by information with being intoxicated on premises licensed to sell beer while he was the holder of the license, a violation of Tex.Alco.Bev.Code Ann. § 104.01(5) (Vernon Supp.1989) denounced as a misdemeanor by section 1.05 of the Alcoholic Beverage Code. Appellee filed an exception to the information contending that section 104.01 was unconstitutionally vague, and operated to deny his right to due process of...

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