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ASHBY v. STATE

No. 650-83.

663 S.W.2d 453 (1984)

Elon Eric ASHBY, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas, En Banc.

January 25, 1984.

Attorney(s) appearing for the Case

Carl E. Mallory, Arlington, for appellant

Tim Curry, Dist. Atty., C. Chris Marshall, Richard B. Roper, Michael Parrish, Mark Daniel and Brent A. Carr, Asst. Dist. Attys., Fort Worth, Robert Huttash, State's Atty., Austin, for the State.

Before the court en banc.

OPINION ON APPELLANT'S PETITION FOR DISCRETIONARY REVIEW

CLINTON, Judge.

The offense of which appellant was convicted is exhibiting harmful material to a minor. V.T.C.A.Penal Code, § 43.24(b)(1). The harmful material is alleged to be "a motion picture portraying acts of sexual intercourse and deviate sexual intercourse."

Cast as a matter of insufficient evidence by appellant, a major issue in this cause is whether the State correctly solved...

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