Gonzales v. State

OPINION

COHEN, Justice.

A jury convicted the appellant of a class A misdemeanor offense of obscenity, in violation of Tex.Penal Code Ann. see. 43.-23(c)(1) (Vernon 1981). The court set pun ishment at confinement for five days and a fine of $1,000.00.

In ground of error number two, the appellant asserts that it was reversible error for the court to instruct the jury regarding the presumption found in Penal Code sec. 43.23(e) because the presumption is unconstitutional. His timely objection to the charge for this reason was overruled. The jury charge contained an instruction in the exact language…