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STONELAKE v. STATE

No. 01-81-0670-CR.

638 S.W.2d 619 (1982)

Jeffrey Jay STONELAKE, Appellant, v. STATE of Texas, Appellee.

Court of Appeals of Texas, Houston (1st Dist.).

Discretionary Review Granted October 27, 1982.

Attorney(s) appearing for the Case

Terry Gaiser, Houston, for appellant.

Calvin Hartmann, Houston, for appellee.

Before EVANS, C. J., and WARREN and BASS, JJ.

OPINION

EVANS, Chief Justice.

The appellant was convicted in a nonjury proceeding of promoting an obscene film in violation of Sec. 43.21 of the Texas Penal Code. The court assessed his punishment at three days in jail and a $250.00 fine.

Section 43.21 provides:

(a) In this subchapter: (1) "Obscene" means material or a performance that: (A) the average person, applying contemporary community standards, would find that...

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