[Download] "State Texas v. Betty Ann Fry" by Supreme Court Of Utah # Book PDF Kindle ePub Free
eBook details
- Title: State Texas v. Betty Ann Fry
- Author : Supreme Court Of Utah
- Release Date : January 04, 1993
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 65 KB
Description
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 vague and overbroad, both as written and as applied to the devices possessed by appellees. The court also found the statutes vagueness resulted in arbitrary, discriminatory, and selective enforcement by law enforcement officers. The State now appeals the orders dismissing the indictments, raising three points of error. See Tex. Code Crim. Proc. Ann. art. 44.01(a)(1) (Vernon Supp. 1993); State v. Eaves, 800 S.W.2d 220, 224 (Tex. Crim. App. 1990).