Shealy v. State

OPINION ON PETITION FOR DISCRETIONARY REVIEW ON THE COURT’S MOTION

TEAGUE, Judge.

Blanch Shealy, appellant, a store clerk, was found guilty by a jury of violating V.T.C.A., Penal Code, Section 43.23(c)(1), 1 after it found she sold W.W. Bollier, an undercover Houston police officer a magazine, which was alleged to be obscene. Her punishment, enhanced by a prior convic tion, was assessed by the trial court at 90 days’ confinement in the Harris County jail.

Appellant appealed her conviction to the First Court of Appeals, which court thereafter ordered her conviction reversed and the cause remanded…