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COBERLY v. STATE

No. 925-82.

644 S.W.2d 734 (1983)

Rosalie Wright COBERLY, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas, En Banc.

January 26, 1983.

Attorney(s) appearing for the Case

Malcolm Dade, Dallas, for appellant.

Tim Curry, Dist. Atty., C. Chris Marshall, Mike Sheehan and Joe C. Lockhart, Asst. Dist. Attys., Fort Worth, Robert Huttash, State's Atty., and Alfred Walker, Asst. State's Atty., Austin, for the State.

Before the Court en banc.

OPINION

PER CURIAM.

Appeal is taken from a conviction for obscenity. V.T.C.A., Penal Code, Sec. 43.23. After finding Appellant guilty, the jury assessed punishment at 3 months, probated, and a $2,000 fine. The Court of Appeals reversed Appellant's conviction. Coberly v. State, 640 S.W.2d 428 (Tex.App.—Ft. Worth 1982). Appellant's conviction was reversed by the Court of Appeals due to the trial court's failure...

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