CARTER v. STATE

No. 37868.

388 S.W.2d 191 (1965)

Walter Gray CARTER, Sr., and Geneva Elizabeth Carter, Appellants, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

Rehearing Denied April 7, 1965.


Attorney(s) appearing for the Case

John Cutler, Houston, for appellants.

Frank Briscoe, Dist. Atty., Carl E. F. Dally, Asst. Dist. Atty., Houston, and Leon B. Douglas, State's Atty., Austin, for the State.


MORRISON, Judge.

The offense is the possession of lewd photographs as denounced by Article 527 Vernon's Ann.P.C.; the punishment against each appellant, a fine of $100.00.

No statement of facts accompanies the record.

Appellant attacks the constitutionality of the above Act on the following grounds:

(1) That the second paragraph of Section 5 of the Act exempts certain classes of motion pictures and daily and weekly newspapers from the operation...

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