Asaff v. State

OPINION

HOWELL, Justice.

Gerald Wayne Asaff appeals his jury conviction for the offense of promotion of obscenity in violation of section 43.23 of the penal code. Tex. Penal Code Ann. § 43.23 (Vernon 1989). The jury assessed punishment at one year’s confinement and a fine of $2,000. Appellant argues in his first and fourth points of error that the trial court erroneously excluded evidence regarding results of public opinion surveys and that the trial court erred in excluding from evidence magazines comparable to those sold by appellant. We sustain these points of error and reverse accordingly.

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