Hoyle v. State

OPINION ON COURT’S MOTION FOR REHEARING

TEAGUE, Judge.

All prior opinions in this cause are withdrawn.

On May 9, 1984, this Court handed down its decision in Shealy v. State, — S.W.2d - (Tex.Cr.App.1984), in which the defendant, a store clerk, had been convicted of promoting obscenity by selling a magazine which was alleged to be obscene to an undercover police officer. Therein, we stated the following:

If we were not clear before, we unequivocally hold today that when the promoted material is protected by the provisions of the First Amendment to the Federal Constitution, or by the provisions of…