State v. Johnson

BARHAM, Justice.

Relators, Charles M. Johnson and The New Orleans Book Mart, Inc., have been found guilty and sentenced under a charge of exhibiting and displaying obscene material, in violation of R.S. MTOb.1 We granted writs of certiorari, prohibition and mandamus.2 On December 3, 1973, under the mandate of the United States Supreme Court in Miller v. California, 413 U.S. 15, 93 S.Ct. 2607, 37 L.Ed.2d 419 (1973), and companion cases, this Court held R.S. 14:-106(A)(2) and (3) to be unconstitutional in State v. Shreveport News Agency, Inc., 287 So.2d 464 (La.1973). This holding has been…