Keller v. State

OPINION

ODOM, Judge.

This is an appeal from a conviction for commercial obscenity. V.T.C.A., Penal Code Sec. 43.23. After punishment was assessed at 30 days and a $500 fine, appellant was placed on probation.

In his first ground of error appellant contends the trial court committed reversible error when it excluded testimony of defense witness Spiegel relating to the contemporary community standards in Harris County. Appellant was charged with sale of “Oversexed Secretary”, an obscene film. The testimony that Spiegel would have given was shown by a bill of exception:

“Q. For my Bill of Exception.…