PRICE v. STATE

No. 56104.

579 S.W.2d 492 (1979)

Cathey Collins PRICE, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas, Panel No. 1.

April 18, 1979.


Attorney(s) appearing for the Case

W. B. "Bennie" House, Jr., Houston, for appellant.

Ogden L. Bass, Jr., Dist. Atty., and A. B. Crowther, Jr., Asst. Dist. Atty., Angleton, and Robert Huttash, State's Atty., Austin, for the State.

Before ONION, P. J., and PHILLIPS and TOM G. DAVIS, JJ.


OPINION

PHILLIPS, Judge.

This is an appeal from a conviction for the offense of commercial obscenity. Punishment was assessed by the court at 120 days confinement in jail, to be probated for a period of six months, and a non-probated fine of $750.00. The sufficiency of the evidence is not challenged, and given our holding of the unconstitutional search and seizure involved here and the prejudicial evidence gained therefrom, we do not reach the issue of obscenity...

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