Shealy v. State

OPINION

DUGGAN, Justice.

Following a non-jury trial, appellant was found guilty of promotion of obscenity by intentionally selling obscene material, namely a film entitled “Seventeen Hard Inches.” Tex.Penal Code Ann. sec. 43.23 (Vernon Supp.1986). The court assessed punishment at three days confinement and a $500 fine. Appellant presents two grounds of error.

In her first ground of error, appellant asserts that the trial court erred in denying her motion to dismiss on grounds that Tex. Penal Code Ann. secs. 43.21 and 43.23 violate the First and Fourteenth Amendments to the U.S. Constitution by…