Johnson v. State

ENOCH, Chief Justice.

Larry Joe Johnson appeals his conviction for obscenity arising from his sale of a pornographic magazine. Trial was to a jury. Punishment was assessed at one year confinement with a fine of $2,000, but the jail term was suspended and probation granted on the condition that Johnson spend 30 days in jail. In five points of error, Johnson contends that (1) the information was void; (2) the trial court erred in denying his motion for mistrial when evidence was admitted that informed the jury that a magistrate had previously ruled on the probable obscenity of the magazine; (3)…