The majority holds that the evidence is insufficient to show that the exhibition of the film 'Deep Throat' was commercially done. A showing was made before members of the press and police department as well as what appeared to be a paying guest. One of the viewers went by the cash register. 'The cash register rung, there where Mr. Smith (appellant) was at the time, and then he came in and had a seat there.'
The radio and newspaper people were present at the invitation of appellant. Appellant stated that he intended to charge $5.00 for admission to later exhibitions of the film. The film was apparently exhibited in part for advertising purposes. For this he no doubt expected a commercial or monetary gain in the showing of the film. The evidence in this case amounts to a commercial exhibition of the film. I dissent to the reversal of this conviction. *Page 958