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THACKER v. STATE

No. 45966.

490 S.W.2d 854 (1973)

Harmon B. THACKER, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

February 28, 1973.

Attorney(s) appearing for the Case

J. Mack Ausburn and Samuel L. Egger, San Antonio, for appellant.

Ted Butler, Dist. Atty., Charles Albidress, Jr. and Antonio G. Cantu, Asst. Dist. Attys., San Antonio, Jim D. Vollers, State's Atty., and Robert A. Huttash, Asst. State's Atty., Austin, for the State.

OPINION

ODOM, Judge.

This appeal is from a conviction for possessing obscene material, to-wit, one magazine called "Topper," with intent to distribute the same in violation of Article 527, Vernon's Ann.P.C. The punishment, a $250.00 fine.

The record reflects that the appellant is the proprietor of Thacker's Food Store in San Antonio. On the date in question a detective in the vice squad division of the San Antonio Police Department purchased the...

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