Opinion

Brown v. State

  • 167 Tex. Crim. 351
  • 320 S.W.2d 670
  • 1959 Tex. Crim. App. LEXIS 1841
Court
Court of Criminal Appeals of Texas
Filed
Feb 11, 1959
Status
Published
Author
Belcher
On the bench
Belcher
Cited by
2 cases
Authority
More cited than 69.6%

The opinion

BELCHER, Commissioner.

Appellant was convicted under Art. 527, Vernon’s Ann.P.C., of the offense of engaging in the showing and exhibition of lewd and lascivious motion pictures entitled “Eiffel” and his punishment assessed at 45 days in jail and a fine of $500.

The sufficiency of the evidence in the record before this court to sustain the conviction is challenged.

The statement of facts fails to contain any evidence showing that the motion pictures entitled “Eiffel,” on which the state relies for a conviction, were lewd and lascivious. The testimony reveals that said pictures were shown to the jury during the trial. However, none of the pictures are brought forward in the record and there is no testimony describing what they showed or portrayed.

The evidence is insufficient to support the conviction. Campbell v. State, 164 Tex.Cr.R. 172 , 297 S.W.2d 847 .

The judgment is reversed and the cause is remanded.

Opinion approved by the Court.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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