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BARNHART v. STATE

No. 808-82.

648 S.W.2d 696 (1983)

Stephen Lynn BARNHART, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas, En Banc.

April 20, 1983.

Attorney(s) appearing for the Case

Terrence Gaiser, Houston, for appellant.

John B. Holmes, Jr., Dist. Atty., Timothy G. Taft, and Mel Pechacek, Asst. Dist. Attys., Houston, Robert Huttash, State's Atty. and Alfred Walker, Asst. State's Atty., Austin, for the State.

OPINION ON STATE'S PETITION FOR DISCRETIONARY REVIEW

TEAGUE, Judge.

Stephen Lynn Barnhart, appellant, was charged by complaint and information with promoting obscenity. The information alleges that appellant sold an obscene magazine, "3-Way Cum," to S.R. Jett. The record reflects that at the time Jett was a Houston police officer engaged in undercover vice operations. The allegation in the information, if proved, constitutes a violation of V.T.C.A., Penal...

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