Nesloney v. State

OPINION ON STATE’S PETITION FOR DISCRETIONARY REVIEW

W.C. DAVIS, Judge.

Appellant was convicted of refusing to allow an employee of the Department of Parks and Wildlife to inspect aquatic products in his possession as per V.T.C.A., Parks and Wildlife Code, § 47.037. The court assessed punishment at a fine of $75.

The Fourteenth Court of Appeals in Houston held the statute unconstitutional on its face as a violation of the Fourth and Fourteenth Amendments to the United States Constitution and Art. 1, § 9 of the Texas Constitution. Nesloney v. State, 653 S.W.2d 582 (Tex.App.—Houston [14 Dist.]…