STATE v. FRY

Nos. B14-92-01196-CR, B14-92-01197-CR and B14-92-01198-CR.

867 S.W.2d 398 (1993)

The STATE of Texas, Appellant, v. Betty Ann FRY, Jimmy Fry, and Marion Roe Bernard, Appellees.

Court of Appeals of Texas, Houston (14th Dist.).

Rehearing Denied January 27, 1994.


Attorney(s) appearing for the Case

William J. Delmore, III, Houston, for appellant.

W.B. House, Jr., Houston, for appellees.

Before MURPHY, SEARS and DRAUGHN, JJ.


OPINION

MURPHY, Justice.

These are appeals from the dismissal of three separate indictments alleging each appellee committed the offenses of keeping a gambling place and possessing a gambling device. Tex.Penal Code Ann. §§ 47.04, 47.06 (Vernon 1989). After a hearing, the trial court found that the statutes defining these offenses, as well as section 47.01(3), which defines "gambling device," are unconstitutionally

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