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GUERRA v. STATE

No. 31505.

331 S.W.2d 941 (1960)

Frank GUERRA, Appellant, v. STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

February 17, 1960.

Attorney(s) appearing for the Case

Clyde W. Woody, Houston, for appellant.

Dan Walton, Dist. Atty., Howell E. Stone, Samuel H. Robertson, Jr., Asst. Dist. Attys., Houston, and Leon B. Douglas, State's Atty., Austin, for the State.

MORRISON, Presiding Judge.

The offense is exhibiting a lewd motion picture; the punishment, 180 days in jail and a fine of $500.

The State, through her able district attorney, confesses error, and we agree. The court in his charge instructed the jury as follows:

"Therefore, if you believe from the evidence beyond a reasonable doubt that the said motion picture is not lewd and lascivious as those two terms are defined for you in the preceding paragraph...

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