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HARDY v. STATE

No. 10-07-00061-CR.

250 S.W.3d 133 (2008)

Emily HARDY and Hiram K. Myers, Appellants, v. The STATE of Texas, Appellee.

Court of Appeals of Texas, Waco.

February 13, 2008.

Attorney(s) appearing for the Case

David Broiles, Kirkley Berryman & Broiles, Fort Worth, Lisa White Shirley, Barron & Budd, PC, Dallas, Lisa S. Graybill, ACLU Foundation of Texas, Austin, for appellants.

John W. Segrest, McLennan County Dist. Atty., Waco, for appellee.

Before Chief Justice GRAY, Justice VANCE, and Justice REYNA.

OPINION

BILL VANCE, Justice.

Appellants Emily Hardy and Hiram Myers engaged in an anti-war protest near President George W. Bush's ranch that included erecting a small tent in an off-road bar ditch. After disobeying an officer's order to move and remove the tent, both were arrested and convicted1 under Texas Penal Code section 42.03,2 which prohibits the obstruction of a highway or passageway and...

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