Legal Opinion
Malone v. State
Court of Criminal Appeals of Texas
Decided October 19, 1960No. 32005PublishedCited by 9 opinions
1Opinion of the Court
MORRISON, Presiding Judge.
The offense is possession of magazines for the purpose of sale in violation of Article 527, V.A.P.C.; the punishment, a fine of $300.00.
At the outset, appellant challenges the constitutionality of *232that portion of Article 527, V.A.P.C., upon which this conviction' rests and, by motion to quash, contends that said statute violates the freedom of the press as provided for in the Constitution of the United States and Section 8, Article I of the Texas Constitution, by making it an offense with punishment affixed thereto for a person to knowingly have in his possession for…
2Cases cited12 opinions
- Roth v. United StatesSupreme Court of the United States · 1957
- Smith v. CaliforniaSupreme Court of the United States · 1960
- Grove Press, Inc., and Readers' Subscription, Inc. v. Robert K. Christenberry, Individually and as Postmaster of the City of New YorkCourt of Appeals for the Second Circuit · 1960
- John Jerome Alexander v. United StatesCourt of Appeals for the Eighth Circuit · 1959
- Empire Pictures Distributing Company, Inc., and Kingsley International Pictures Corporation v. City of Fort WorthCourt of Appeals for the Fifth Circuit · 1960
7 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Flores v. State, Texas Court of Appeals, 7th District (Amarillo)1994
- Interstate Circuit, Inc. v. City of DallasCourt of Appeals of Texas · 1966
- Campbell v. State, Texas Court of Appeals, 4th District (San Antonio)1988
- Video News, Inc. v. State, Texas Court of Appeals, 1st District (Houston)1990
- Baxter v. StateCourt of Criminal Appeals of Texas · 1963
4 more not listed; retrieve them via the Exa API.