YORKO v. STATE

No. 998-84.

699 S.W.2d 224 (1985)

Kenneth Alan YORKO, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas, En Banc.

November 6, 1985.


Attorney(s) appearing for the Case

Michael A. Maness, Houston, for appellant.

John B. Holmes, Jr., Dist. Atty., and Timothy G. Taft and Vance Christopher, Asst. Dist. Attys., Houston, Robert Huttash, State's Atty., Austin, for the State.

Before the court en banc.


OPINION ON COURT'S OWN MOTION FOR DISCRETIONARY REVIEW

ONION, Presiding Judge.

Appellant was charged by complaint and information with selling an obscene magazine. V.T.C.A., Penal Code, § 43.23. He waived trial by jury and entered a plea of not guilty before the court. The court found appellant guilty and assessed punishment at a fine of $350.00.

On appeal the appellant raised four grounds of error. The Court of Appeals sustained the fourth...

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