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HOYLE v. STATE

No. A14-81-664CR.

650 S.W.2d 97 (1982)

Michael Wayne HOYLE, Appellant, v. STATE of Texas, Appellee.

Court of Appeals of Texas, Houston (14th Dist.).

Rehearing Denied January 13, 1983.

Discretionary Review Granted April 6, 1983.

Attorney(s) appearing for the Case

Clyde F. DeWitt, III, Houston, for appellant.

Alvin M. Titus, Asst. Dist. Atty., Houston, for appellee.

Before J. CURTISS BROWN, C.J., and JUNELL and MILLER, JJ.

J. CURTISS BROWN, Chief Justice.

Appeal is taken from a conviction for promotion of obscenity. The jury found Michael Wayne Hoyle (Hoyle or appellant) guilty as charged in the information. Punishment was assessed by the court at twenty days in jail and a $1,500.00 fine. Hoyle challenges the sufficiency of the charging instrument, the constitutionality of Tex.Penal Code Ann. §§ 43.21, 43.23 (Vernon Supp.1982-1983), and the adequacy of the court's charge to...

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