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Mohney; Geraghty v. State

Court of Appeals of Indiana
Sep 4, 1973
300 N.E.2d 678 (Ind. Ct. App. 1973)

Opinion

No. 172A23.

Filed September 4, 1973.

STATUTES — Obscenity — Constitutionality. — Where appellants had been convicted of "knowingly selling and offering to sell obscene literature and devices" as defined by IC 35-30-10-1, and where such statute was subsequently declared unconstitutional, the Court of Appeals reversed and remanded to the trial court for the purpose of discharging appellants.

Appeal from a conviction of knowingly selling and offering to sell obscene literature and devices.

From the Clark Circuit Court, Clifford H. Maschmeyer, Judge.

Reversed and remanded by the First District.

Robert Eugene Smith, Esquire, Baltimore, Maryland, Gilbert H. Deitch, Esquire, Atlanta Georgia, Arnold Baratz, Esquire, of Indianapolis, for appellants.


The defendant-appellants (Mohney and Geragty) were convicted by a jury of "knowingly selling and offering to sell obscene literature and devices" as defined by IC 35-30-10-1, Ind. Ann. Stat. § 10-2803 (Burns 1972).

We reverse the judgment and conviction and remand to the trial court for the purpose of discharging the defendants Mohney and Geraghty. Our authorities for doing so are the recent cases of Stroud v. State (1973), 261 Ind. 58, 300 N.E.2d 100, and Mohney v. State (1973), 261 Ind. 56, 300 N.E.2d 66 both of which declare the statute in question unconstitutional.

Reversed and remanded.

NOTE. — Reported at 300 N.E.2d 678.


Summaries of

Mohney; Geraghty v. State

Court of Appeals of Indiana
Sep 4, 1973
300 N.E.2d 678 (Ind. Ct. App. 1973)
Case details for

Mohney; Geraghty v. State

Case Details

Full title:HARRY VIRGIL MOHNEY, DONALD GERAGHTY v. STATE OF INDIANA

Court:Court of Appeals of Indiana

Date published: Sep 4, 1973

Citations

300 N.E.2d 678 (Ind. Ct. App. 1973)
300 N.E.2d 678

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