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STATE v. TAYLOR

No. 13-89-299-CR.

787 S.W.2d 120 (1990)

The STATE of Texas, Appellant, v. James Winford TAYLOR, Appellee.

Court of Appeals of Texas, Corpus Christi.

March 8, 1990.

Attorney(s) appearing for the Case

Grant Jones, Dist. Atty., Corpus Christi, for appellant.

Albert A. Pena, III, Corpus Christi, for appellee.

Before NYE, C.J., and KENNEDY, and SEERDEN, JJ.

OPINION

NYE, Chief Justice.

The State appeals from an order dismissing the indictment filed against James Winford Taylor for "Keeping A Gambling Place" in violation of Tex.Penal Code Ann. § 47.04(a) (Vernon 1989). We affirm the trial court's order.

Taylor filed a pretrial motion to dismiss the indictment alleging:

The statute as applied in this indictment is unconstitutional in that it purports to make the building in question a "gambling...

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