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  5. 695 S.W.2d 264 (1985)
 

BURCH v. STATE

No. 01-84-0680-CR.

695 S.W.2d 264 (1985)

Aubrey Buddy BURCH, Appellant, v. The STATE of Texas, Appellee.

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

June 20, 1985.

Attorney(s) appearing for the Case

Michael A. Maness, Houston, for appellant.

John B. Holmes, Jr., Harris County Dist. Atty., William J. Delmore, III, Cheryl Gillum Turner, Harris County Asst. Dist. Attys., Houston, for appellee.

Before DUNN, JACK SMITH and COHEN, JJ.

OPINION

DUNN, Justice.

Appellant, Aubrey Buddy Burch, was found guilty of selling an obscene magazine in violation of Tex.Penal Code Ann. sec. 43.23(c)(1) (Vernon Supp.1985). No physical evidence was produced at trial; the trial court's finding was based only on the following:

STIPULATION OF EVIDENCE COMES NOW THE STATE OF TEXAS by and through her attorney, Cheryl Gillum Turner, and the Defendant...

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