Court of Criminal Appeals of Texas, 1960

Pasquale v. State

Pasquale v. State
Court of Criminal Appeals of Texas · Decided November 30, 1960 · Morrison
340 S.W.2d 499; 1960 Tex. Crim. App. LEXIS 3112 (South Western Reporter, Second Series)

Pasquale v. State

Opinion of the Court

MORRISON, Presiding Judge.

The offense is exhibition of lewd, motion pictures; the punishment, 90 days in jail.

The information and the evidence are the same as reflected in our cause Pasquale v. State, 340 S.W.2d 304, and for the reasons therein set forth there is a fatal variance between the allegations and the proof.

The judgment is reversed and the cause is remanded.

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