Smith v. State

OPINION

PAUL PRESSLER, Justice.

Appellant was charged by information with the misdemeanor offense of obscenity. A jury found him guilty, and the court assessed punishment at a fine of $1,000 and one year’s confinement in the Harris County jail, probated. We affirm.

A Houston vice officer, checking for obscenity violations on the Gulf Freeway, observed a bookstore with a large sign in front identifying the establishment as an “Adult Bookstore.” The officer went into the bookstore, saw appellant at the counter and observed racks of magazines and video tapes, all sexually explicit. The magazines…