Yorko v. State

OPINION ON COURT’S OWN MOTION FOR DISCRETIONARY REVIEW

ONION, Presiding Judge.

Appellant was charged by complaint and information with selling an obscene magazine. V.T.C.A., Penal Code, § 43.23. He waived trial by jury and entered a plea of not guilty before the court. The court found appellant guilty and assessed punishment at a fine of $350.00.

On appeal the appellant raised four grounds of error. The Court of Appeals sustained the fourth ground of error that there was no proof that appellant knew the “character” of the magazine as alleged and the evidence was insufficient to support the…