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CHEESEMAN v. STATE

No. 49585.

520 S.W.2d 382 (1975)

Willard Franklin CHEESEMAN, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

March 26, 1975.

Attorney(s) appearing for the Case

Michael R. Gibson, El Paso, for appellant.

George Rodriquez, Jr., County Atty., Michael McDonald, Asst. County Atty., El Paso, Jim D. Vollers, State's Atty., and David S. McAngus, Asst. State's Atty., Austin, for the State.

OPINION

ARCHIE BROWN, Commissioner.

Appellant was convicted of distributing obscene matter and his punishment was assessed by the jury at a fine of $1,000.00 and six (6) months in jail, with the jail term to be probated.

On the 3rd day of October, 1973, William Long, a police officer attached to the vice squad of the El Paso Police Department, entered an adult book store located in El Paso. After looking around for some time, he selected two items...

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