Cotton v. State

Appellant was convicted in a bench trial of the offense of selling beer to a person “showing evidence of intoxication,” in violation of V.T.C.A., Alcoholic Beverage Code, §§ 61.71(a)(6),1 and 61.77. Punishment was assessed by the court at a fine of $200.00. V.T.C.A., Alcoholic Beverage Code, § 1.05.

On appeal appellant complained the information failed to state an offense, and attacked the constitutionality of V.T.C.A., Alcoholic Beverage Code, § 61.71(a)(6). He contended that the phrase in the statute “showing evidence of intoxication” is so vague and overbroad that it is unconstitutional…