Kennedy v. State

OPINION

FULLER, Justice.

This is an appeal from a conviction for possession of six or more obscene devices with intent to promote them by exhibition. The jury assessed punishment at six months’ confinement and a fine of $500.00, probated. We affirm.

In Point of Error No. One, Appellant contends that there was insufficient evidence that he “committed a voluntary act in ‘exhibiting’ obscene devices, as charged in the information.” We first point out that Appellant was not charged and convicted of exhibition, but of possession with intent to promote exhibition. Tex. Penal Code Ann. sec. 43.23(c)(1)…