Smith v. State

OPINION

ROWE, Justice.

A jury convicted Steven Fredrick Smith of the offense of promotion of obscene material and assessed a fine of $2,000. Appellant asserts six points of error, the first of which complains that his conviction cannot stand because the trial court declared the pertinent obscenity statutes unconstitutional and dismissed the case. Because the error alleged in the first point involves a question of jurisdiction, we remand the case for a hearing for the purpose of determining the circumstances underlying the trial court’s action and accordingly abate this appeal.

Appellant filed a…