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DEXTER v. STATE

No. 52330.

544 S.W.2d 426 (1976)

Richard C. DEXTER, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

December 22, 1976.

Attorney(s) appearing for the Case

Gerald H. Goldstein and Cheryl L. Wilson, San Antonio, for appellant.

Ted Butler, Dist. Atty., Keith W. Burris, Edward C. Prado, Nelson M. Atwell and Douglas C. Young, Asst. Dist. Attys., San Antonio, Jim D. Vollers, State's Atty., and David S. McAngus, Asst. State's Atty., Austin, for the State.

OPINION

ODOM, Judge.

Appellant was convicted for commercial obscenity (exhibiting an obscene motion picture), a Class B misdemeanor. V.T.C.A., Penal Code Sec. 43.23. Punishment was assessed by the court at ninety days' imprisonment and a seven hundred fifty dollar fine.

In view of the reversal required, we will only consider that ground of error in which appellant contends that the trial court erred in refusing to grant his motion for mistrial based...

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