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CARROLL v. STATE

No. 1109-84.

701 S.W.2d 913 (1986)

Steven Wesley CARROLL, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas, En Banc.

January 8, 1986.

Attorney(s) appearing for the Case

Terrence A. Gaiser, Houston, for appellant.

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

Before the court en banc.

OPINION ON STATE'S PETITION FOR DISCRETIONARY REVIEW

WHITE, Judge.

This is an appeal from a conviction for the misdemeanor offense of obscenity under V.T.C.A., Penal Code Sec. 43.23(c). The appellant pleaded not guilty and was tried and convicted by the trial court. The trial court found that the appellant, "knowing the content and character of the material, (did) intentionally sell to N.D. Wong obscene material, namely, a magazine entitled, `Super # 3....

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