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CULLEN v. STATE

No. 3-90-148-CR.

832 S.W.2d 788 (1992)

Paul Stedman CULLEN, Appellant, v. The STATE of Texas, Appellee.

Court of Appeals of Texas, Austin.

June 24, 1992.

Attorney(s) appearing for the Case

Terrence W. Kirk, Austin, for appellant.

Ronald Earle, Dist. Atty., Philip A. Nelson, Jr., Asst. Dist. Atty., Austin, for appellee.

Before CARROLL, C.J., and ABOUSSIE and SMITH, JJ.

SMITH, Justice.

Paul Stedman Cullen appeals his conviction for criminal mischief, see Tex.Penal Code Ann. § 28.03 (1989 & Supp.1992)1, arising from his poisoning of the historic "Treaty Oak" in Austin. This particular oak tree enjoys a notoriety based on its age and on historical accounts that Stephen F. Austin signed a treaty with Central Texas Indian tribes on this site. Appellant brings three points of error challenging...

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