Smith v. State

Citations

• 24 Tex. Ct. App. 1
• 5 S.W. 510
• 1887 Tex. Crim. App. LEXIS 152

Syllabus

<p>1. Indecent Publication—The Indictment, setting out in hose verba the obscene and indecent composition, charged that the appellants “did unlawfully make and publish an indecent and obscene written composition, manifestly designed to corrupt the morals of youth.” Meld, that the indictment is sufficient; and that, the composition being set out in hceo verba, it was unnecessary that the indictment should allege the manner and means of the making of the same, or the circumstances attending the publication thereof. How and where the composition was made and published were matters of proof, and not pleading.</p> <p>% Construction of Written Instruments—Charge of the Court.— The duty of determining whether or not a written composition is indecent and obscene devolves upon the court and not upon the jury. The composition in this case, as set out in the indictment, ; vd as adduced in evidence, consisted of the words, “Ass hole work.” M~ d, that, in construing such composition to be obscene and indecent, and in so instructing the jury, the trial court did not err.</p> <p>3. Same—Statute Construed.—The terms “manifestly designed to corrupt the morals of youth,” as used in the statute (Penal Code, art. 343), refer to the intention obtaining in the making and publication of the composition; i. e., that the design and purpose of the party making and publishing the composition was to corrupt the morals of youth. The said terms can not be construed to mean that the composition, upon its face, and of itself, must manifestly be of a kind to corrupt the morals of youth. The charge of the trial court, conforming to this construction, was correct.</p> <p>4. Indecent Publication—Fact Case.—See the statement of the ease for evidence held sufficient to support a conviction for indecent publication.</p>