Garcia v. State
Texas Court of Appeals, 8th District (El Paso)
1Opinion of the Court
OPINION
WARD, Justice.
Appellant was convicted by a jury of the misdemeanor offense of promoting obscenity and punishment was assessed by the trial judge at ten days confinement in the County jail and a $400.00 fine. Section 43.23, Vernon’s Ann. Penal Code. We affirm.
On January 4, 1980, Officer J. W. Price, Houston Police Department, purchased a magazine entitled “Best of Cum” from the Appellant at the latter’s business, Downtown News. The magazine was wrapped in cellophane. The cellophane did not obscure the front and back covers of the magazine, which displayed full-page photographs of males…
2Cases cited13 opinions
- Sandstrom v. MontanaSupreme Court of the United States · 1979
- Miller v. CaliforniaSupreme Court of the United States · 1973
- Leary v. United StatesSupreme Court of the United States · 1969
- Smith v. CaliforniaSupreme Court of the United States · 1960
- Smith v. United StatesSupreme Court of the United States · 1977
8 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Davis v. StateCourt of Criminal Appeals of Texas · 1983
- State v. Brady, Texas Court of Appeals, 13th District1988
- Rent v. State, Texas Court of Appeals, 5th District (Dallas)1989
- Shelton v. StateCourt of Appeals of Texas · 1982
- Skinner v. State, Texas Court of Appeals, 1st District (Houston)1982
6 more not listed; retrieve them via the Exa API.