Coberly v. State

OPINION

Appeal is taken from a conviction for obscenity. Y.T.C.A., Penal Code, Sec. 43.23. After finding Appellant guilty, the jury assessed punishment at 3 months, probated, and a $2,000 fine. The Court of Appeals reversed Appellant’s conviction. Coberly v. State, 640 S.W.2d 428 (Tex.App.—Ft. Worth 1982). Appellant’s conviction was reversed by the Court of Appeals due to the trial court’s failure to charge the jury on the consequences of a presumption under Y.T.C.A., Penal Code, Sec. 2.05.

In her petition for discretionary review, Appellant raises numerous contentions in which she maintains…