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MARLOW v. STATE

No. 50599.

537 S.W.2d 8 (1976)

James MARLOW, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

May 19, 1976.

Attorney(s) appearing for the Case

Roland H. Hill, Jr., Fort Worth, for appellant.

Tim Curry, Dist. Atty., Donald S. Gandy and Joe Shannon, Jr., Asst. Dist. Attys., Fort Worth, Jim D. Vollers, State's Atty., and David S. McAngus, Asst. State's Atty., Austin, for the State.

OPINION

ODOM, Judge.

This appeal is from a conviction under our former Penal Code for exhibiting obscene material. Punishment was assessed at confinement for ninety days and a fine of one thousand dollars.

First, appellant contends that portions of the court's charge at the guilt or innocence stage of the trial constitute impermissible comments upon the weight of the evidence, Art. 38.05, V.A.C.C.P. The court charged the jury:

"NOW THEREFORE...

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