HINES v. STATE

No. 06-93-00149-CR.

880 S.W.2d 178 (1994)

Thomas Ray HINES, Appellant, v. The STATE of Texas, Appellee.

Court of Appeals of Texas, Texarkana.

Decided June 22, 1994.

Discretionary Review Granted October 12, 1994.


Attorney(s) appearing for the Case

Joe A. Hughey, Wedding & Hughey, Marshall, for appellant.

Richard Berry, Crim. Dist. Atty., Marshall, for appellee.

Before CORNELIUS, C.J., and BLEIL and GRANT, JJ.


OPINION

BLEIL, Justice.

Thomas Hines appeals from his conviction for the offense of public lewdness. He contends that his misconduct was not in public and that he was not reckless about whether another was present who may have been offended. Thus, he maintains he is not guilty as charged. We agree and reverse.

The State proceeded against Hines under Section 21.07(a)(3) of the Penal Code.1 As it was stipulated that Hines...

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