United States v. Thomas Venest Henson, AKA Tom Vinnie Henson, and George Victor Abisalih, AKA George Abbey, Dba "Associated Theaters of Texas"

OPINION

On Petition for Rehearing

Before ELY and GOODWIN, Circuit Judges, and MURRAY, * District Judge.

ELY, Circuit Judge:

In an indictment filed on January 10, 1973, the appellants were charged with having transported allegedly obscene films in interstate commerce, a violation of 18 U.S.C. § 1462. The appellants were tried before a jury and convicted shortly before the Supreme Court announced its opinions in Miller v. California, 413 U.S. 15, 93 S.Ct. 2607, 37 L.Ed.2d 419 (1973), and United States v. 12 200-ft. Reels of Film, 413 U.S. 123, 93 S.Ct. 2665, 37 L.Ed.2d 500 (1973).

In our original…