Byrum v. State

I would sustain appellant's facial vagueness challenge. See dissent, Balash v. State, 720 S.W.2d 878, 879-880 (Tex.App — Houston [14th Dist.] 1986, pet. ref’d.).

Furthermore, I reject the vice officer’s pose as an innocent “victim.” He was not present to gather evidence of violations of the public lewdness statute but to participate at tax payers expense in such activities. To blame the woman solely is sexist and out of date. It takes two to tango. The evidence is, therefore, insufficient to sustain a conviction.