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HOOVER v. BYRD

No. 85-1647.

801 F.2d 740 (1986)

David Gary HOOVER, Petitioner-Appellant, v. Don BYRD, Sheriff of Dallas County Texas, Respondent-Appellee.

United States Court of Appeals, Fifth Circuit.

Rehearing and Rehearing Denied November 4, 1986.

Attorney(s) appearing for the Case

Malcolm Dade, Dallas, Tex., for petitioner-appellant.

Henry J. Voegtle, Asst. Dist. Atty., Henry Wade, Dist. Atty., Federal Section, Dallas, Tex., for respondent-appellee.

Before WISDOM, DAVIS, and JONES, Circuit Judges.

Rehearing and Rehearing En Banc Denied November 4, 1986.

EDITH HOLLAN JONES, Circuit Judge:

The only issue presented for review in this habeas corpus proceeding is whether the Texas Obscenity Statute, Texas Penal Code Annotated, Section 43.21, defines the term "patently offensive" in a manner inconsistent with the First Amendment. The petitioner alleges that the jury in his commercial obscenity criminal trial was improperly charged according to the erroneous...

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