Legal Opinion · Dissent

Fogo v. State

Court of Appeals of Texas

Decided February 15, 1990No. C14-89-492-CRPublished

1DissentEllis, Justice

Finding myself in disagreement with the majority members of the panel, I record my respectful dissent. I would find that the Election Code does not clearly state that the giving of a political contribution, in one reporting period, in cash, in excess of one hundred dollars ($100) is a crime; therefore, it is unconstitutionally vague. I would order the trial court to enter an order dismissing the indictment.

This is an appeal from a conviction for making a political contribution in one reporting period, in cash, to an office holder in excess of $100.00 for which appellant received a $250.00…

2Cases cited4 opinions

  1. Connally v. General Construction Co.Supreme Court of the United States · 1926
  2. State v. Shoppers World, Inc.Texas Supreme Court · 1964
  3. Ex Parte ChernoskyCourt of Criminal Appeals of Texas · 1949
  4. Ex Parte WilmothCourt of Criminal Appeals of Texas · 1933

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