663 S.W.2d 456 | Tex. Crim. App. | 1984
OPINION ON STATE’S PETITION FOR DISCRETIONARY REVIEW
Appellant was convicted by a jury of promoting obscenity by exhibiting a film to a Houston police officer who was then engaged in undercover vice operations. Punishment was assessed at 180 days in jail and a fine of $2,000. The Houston Court of Appeals reversed appellant’s conviction based on this Court’s holding in Davis v. State, 658 S.W.2d 572 (Tex.Cr.App.1983), that the presumption contained in V.T.C.A. Penal Code, § 43.23(e), is unconstitutional.