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STATE v. SZELA

Nos. 13-91-290-CR to 13-91-298-CR

820 S.W.2d 200 (1991)

The STATE of Texas, Appellant, v. Mark R. SZELA, James Blevins, Richard Wayne Mullins, John R. Dean, Jimmy Dale Cobble, Bryan Keith Rudd, Thomas James Edwards, Rene Longoria, and James Ray Blevins, Appellees.

Court of Appeals of Texas, Corpus Christi.

Rehearing Overruled December 30, 1991.

Attorney(s) appearing for the Case

Mark R. Kelly, Crim. Dist. Atty., Phillip Poplin, Sp. Asst. Dist. Atty., John D. Whitlow, Dist. Atty., Port Lavaca, for appellant.

Charles Hood, Hernandez & Hood, Port Lavaca, for appellees.

Before KENNEDY, DORSEY and HINOJOSA, JJ.

OPINION

KENNEDY, Justice.

The State charged the above appellees with taking oysters from polluted waters, a violation of Tex. Parks & Wild. Code Ann. § 76.116(a) (Vernon 1991). Five of the appellees filed motions to quash, alleging, inter alia, that certain sections of the Texas Parks and Wildlife Code and the Texas Health and Safety Code were unconstitutional.1 After...

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