David Leon Cotton, Appellant v. the State of Texas, Appellee

Summary

The Court of Criminal Appeals held that Texas Alcoholic Beverage Code §61.71(a)(6) is unconstitutionally vague because it fails to provide an objective standard for determining when a person shows evidence of intoxication, violating due process. The conviction was reversed and the case remanded for dismissal. A dissent argued the statute is constitutional, while a concurrence agreed with the majority and urged legislative revision.