Malone v. State

CONCURRING OPINION

I concur in the reversal of this conviction. I would reverse it, however, for the reason that the evidence is insufficient to support the conviction. Especially is this true in that there is no evidence that appellant knew or had knowledge of the contents of the magazines or that such magazines offended against the statute.

The learned trial judge instructed the jury that “The terms ‘knowingly’ as used in this charge is defined as an act which is consciously and willfully done.” “Willful” means “intentional.”

The jury was instructed to the effect that if appellant “did not…