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Schuster v. State

Court of Criminal Appeals of Texas
Feb 11, 1970
450 S.W.2d 616 (Tex. Crim. App. 1970)

Summary

applying Penal Code article 476

Summary of this case from Opinion No. JM-1116

Opinion

No. 42584.

February 11, 1970.

Appeal from the Criminal Court at Law No. 3, Harris County, Jimmie Duncan, J.

Milton H. Mulitz, Houston, for appellant.

Carol S. Vance, Dist. Atty., James C. Brough and Rodman E. Gorman, Asst. Dist. Attys., Houston, and Jim D. Vollers, State's Atty., Austin, for the State.


OPINION


The conviction is for violation of Article 476, Vernon's Ann.P.C., with punishment assessed at a fine of $200.00.

The complaint and information were drawn under the portion of the statute which provides:

"Whoever * * * uses any telephone in any manner with intent to harass, annoy, torment, abuse, threaten or intimidate another, except if such call be for a lawful business purpose, shall be guilty of a misdemeanor, and upon conviction shall be fined not less than One Hundred Dollars ($100.00) nor more than One Thousand Dollars ($1,000.00) or by imprisonment in the county jail for not less than one (1) month nor more than twelve (12) months, or by both such fine and imprisonment."

In her sole ground of error appellant challenges the constitutionality of Article 476, supra.

In Alobaidi v. State, Tex.Cr.App., 433 S.W.2d 440, this Court in an opinion by Presiding Judge Woodley upheld the constitutionality of said statute. We adhere to that decision. See also LeBlanc v. State, Tex.Cr.App., 441 S.W.2d 847. As we view it, such statute is not violative of the First Amendment, United States Constitution or Article I, Sec. 8, Texas Constitution, Vernon's Ann.St.

The judgment is affirmed.


Summaries of

Schuster v. State

Court of Criminal Appeals of Texas
Feb 11, 1970
450 S.W.2d 616 (Tex. Crim. App. 1970)

applying Penal Code article 476

Summary of this case from Opinion No. JM-1116
Case details for

Schuster v. State

Case Details

Full title:Nancy SCHUSTER, Appellant, v. The STATE of Texas, Appellee

Court:Court of Criminal Appeals of Texas

Date published: Feb 11, 1970

Citations

450 S.W.2d 616 (Tex. Crim. App. 1970)

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