Carter v. State

MORRISON, Judge.

The offense is the possession of lewd photographs as denounced by Article 527 Vernon’s Ann.P.C.; the punishment against each appellant, a fine of $100.00.

No statement of facts accompanies the record.

Appellant attacks the constitutionality of the above Act on the following grounds:(1) That the second paragraph of Section 5 of the Act exempts certain classes of motion pictures and daily and weekly newspapers from the operation of the statute. Such a classification is not unreasonable or arbitrary, and within the power of the Legislature to exclude, Ex Parte Tigner, 139 Tex.Cr.R.…