Campbell v. State, 28743

• Decision Date: 23 January 1957
• Docket Number: No. 28743,28743
• Citation: Campbell v. State, 297 S.W.2d 847, 164 Tex.Crim. 172 (Tex. Crim. App. 1957)
• Parties: James Lee CAMPBELL, Appellant, v. The STATE of Texas, Appellee.
• Court: Texas Court of Criminal Appeals

Page 847

297 S.W.2d 847

164 Tex.Crim. 172

James Lee CAMPBELL, Appellant, v. The STATE of Texas, Appellee.

No. 28743.

Court of Criminal Appeals of Texas.

Jan. 23, 1957.

[164 TEXCRIM 172] Carl P. Hulsey, Abilene, for appellant.

Leon B. Douglas, State's Atty., Austin, for the State.

DICE, Commissioner.

Appellant was convicted under Art. 527, Vernon's Ann.P.C., of the offense of assisting in the sale of an immoral publication and his punishment assessed at confinement in jail for 60 days and a fine of $100.

The statement of facts reflects that the state offered testimony showing the sale and purchase of a pamphlet between the persons named in the information and also testimony in support of the allegation that appellant assisted in the sale.

It is certified in the statement of facts that the pamphlet was introduced in evidence. However, the pamphlet is not shown therein as an exhibit or its contents in any manner described, nor is the pamphlet found among the papers in the case.

The certificate to the statement of facts certifies that it is a [164 TEXCRIM 173] correct statement of all the facts given in evidence on the trial of the case.

The evidence fails to show that the appellant assisted in selling a pamphlet devoted to immoral conduct of persons as described in the information and therefore is insufficient to support the conviction.

We find no error in the action of ...