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GONZALES v. STATE

No. 01-82-00552-CR.

676 S.W.2d 437 (1984)

Ismael GONZALES, Appellant, v. The STATE of Texas, Appellee.

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

Rehearing Denied August 30, 1984.

Attorney(s) appearing for the Case

Clyde F. Dewitt, III, Brown, Weston & Sarno, Houston, for appellant.

Timothy G. Taft, Houston, for appellee.

Before EVANS, C.J., and DOYLE and COHEN, JJ.

OPINION

COHEN, Justice.

A jury convicted the appellant of a class A misdemeanor offense of obscenity, in violation of Tex.Penal Code Ann. sec. 43.23(c)(1) (Vernon 1981). The court set punishment at confinement for five days and a fine of $1,000.00.

In ground of error number two, the appellant asserts that it was reversible error for the court to instruct the jury regarding the presumption found in Penal...

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