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BOYD v. STATE

No. 60902.

643 S.W.2d 700 (1982)

Walter Whitfield BOYD, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas, Panel No. 3.

Rehearing Denied January 5, 1983.

Attorney(s) appearing for the Case

Thomas F. Clayton, Timothy M. Finnical and Richard Alan Anderson, on appeal only, Dallas, for appellant.

Henry Wade, Dist. Atty. and Fred C. McDaniel, John Lozano and Gerry Muller, Asst. Dist. Attys., Dallas, Robert Huttash, State's Atty. and Alfred Walker, Asst. State's Atty., Austin, for the State.

Before ONION, P.J., and DALLY and McCORMICK, JJ.

OPINION

McCORMICK, Judge.

This is an appeal from a conviction for commercial obscenity. Punishment was assessed at 150 days' confinement and a $1,000 fine.

In his first ground of error appellant alleges that the trial court erred in commenting on the evidence by characterizing the material that was the subject matter of the trial. The record shows at the commencement of the voir dire of the jury the judge stated:

"THE COURT: Good morning...

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