Childress v. State

DUGGAN, Justice.

This is an appeal from a conviction for selling obscene material. The defendant pleaded nolo contendere pursuant to a plea bargain, and the court assessed the recommended punishment of 3 days in jail and a fine of $400.

Appellant raises two points of error. First, he complains that the court erred in denying his pre-trial motion to quash the indictment because the Texas Obscenity Statute, Tex.Penal Code Ann. § 43.21 (Vernon 1988), is unconstitutionally vague, and therefore void. Second, he complains that the trial court erred in denying his motion to quash because there was no…