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RAUSHER v. STATE

No. 62848.

663 S.W.2d 840 (1984)

John Wyatt RAUSHER, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas, Panel No. 3.

February 8, 1984.

Attorney(s) appearing for the Case

Clyde W. Woody, Marian S. Rosen, Mary M. Rawlins, Houston, for appellant.

Carol S. Vance, Former Dist. Atty., and Joan Fisher, R.K. Hansen & Paul Coselli, Asst. Dist. Attys., Houston, Robert Huttash, State's Atty., Austin, for the State.

Before ODOM and McCORMICK, JJ.

OPINION

McCORMICK, Judge.

Appellant was convicted of commercial obscenity and punishment was assessed at ninety days' confinement and a $1000 fine.

The record shows that on December 2, 1978, Officers Dobianski, Hagens, Chisholm and Hugo of the Houston Police Department went to the French Quarter Theater in Houston. Officer Dobianski testified that as they walked into the theater a sign at the door indicated that the movies, entitled "Muscle Bound...

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