State v. Eaves

POFF, Justice.

Appellee Rickey J. Eaves was charged by information with being intoxicated on premises licensed to sell beer while he was the holder of the license, a violation of Tex.Alco.Bev.Code Ann. § 104.01(5) (Vernon Supp.1989) denounced as a misdemean- or by section 1.05 of the Alcoholic Beverage Code. Appellee filed an exception to the information contending that section 104.01 was unconstitutionally vague, and operated to deny his right to due process of law under the Fifth Amendment of the United States Constitution as applied to the states by the Fourteenth Amendment, and under Tex.…