Opinion
No. 72-145
Decided September 26, 1973.
Criminal law — Obscene literature — Sale and possession — Evidence — Seizure of literature — Conviction reversed, when.
APPEAL from the Court of Appeals for Franklin County.
ON REMAND from the Supreme Court of the United States.
Appellant was convicted in the Court of Common Pleas for sale and possession for sale of obscene literature which was seized by police officers, without a search warrant, at the time of his arrest.
The judgment of conviction was affirmed by the Court of Appeals, and later by this court as reported in 32 Ohio St.2d 237.
Upon appeal to the Supreme Court of the United States, that court vacated this court's judgment and remanded the cause for further consideration in light of Miller v. California (1973), 37 L. Ed. 2d 419; Paris Adult Theatre I v. Slaton (1973), 37 L. Ed. 2d 446; Kaplan v. California (1973), 37 L. Ed. 2d 492; United States v. 12 200-Ft. Reels of Super 8mm. Film (1973), 37 L. Ed. 2d 500; United States v. Orito (1973), 37 L. Ed. 2d 513; Heller v. New York (1973), 37 L. Ed. 2d 745; Roaden v. Kentucky (1973), 37 L. Ed. 2d 747; and Alexander v. Virginia (1973), 37 L. Ed. 2d 993.
Mr. George C. Smith, prosecuting attorney, and Mr. C. William Brownfield, Jr., for appellee.
Messrs. Brownfield, Kosydar, Bowen, Bally Sturtz and Mr. Laurence E. Sturtz, for appellant.
By reason of the holding and mandate of the Supreme Court of the United States in Roaden v. Kentucky (1973), 37 L. Ed. 2d 757, which this court is required to follow, the judgment of the Court of Appeals must be reversed.
Judgment reversed.
O'NEILL, C.J., HERBERT, CORRIGAN, STERN, CELEBREZZE, W. BROWN and P. BROWN, JJ., concur.