Wishnow v. State

OPINION ON STATE’S PETITION FOR DISCRETIONARY REVIEW

McCORMICK, Judge.

We granted this State’s petition for discretionary review to consider the Court of Appeals’ opinion reversing appellant’s conviction for violating Alcoholic Beverage Code, Section 104.01, V.T.C.A., and addressing the issue of that statute’s constitutionality. Wishnow v. State, 638 S.W.2d 83 (Tex.App. — Houston [1st Dist.] 1982). For the reasons set forth below, we agree only with the result reached by the court below.

Alcoholic Beverage Code Section 104.-01(6), the offense appellant was convicted of, reads as follows:

“No…