YORKO v. STATE

No. 01-83-0517-CR.

707 S.W.2d 680 (1986)

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

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

March 6, 1986.


Attorney(s) appearing for the Case

Michael A. Maness, Houston, for appellant.

John B. Holmes, Jr., Harris County Dist. Atty., Timothy G. Taft, Vance Christopher Farris County Asst. Dist. Attys., Houston, for appellee.

Before EVANS, C.J., and WARREN and LEVY, JJ.


OPINION

EVANS, Chief Justice.

The appellant was charged by information with selling an obscene magazine. After a trial before the court, he was found guilty and his punishment assessed at a fine of $350.

On appeal to this Court, we ordered the appellant's conviction reversed and the cause remanded for a new trial, deciding that the State had failed to prove that the appellant sold the material knowing its content and character to be obscene. The Court...

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