Splawn v. California

Petitioner Splawn was convicted in 1971 of the sale of two reels of obscene film, a misdemeanor violation of California Penal Code §311.2 (West 1970). After the conviction was affirmed on appeal by the California First District Court of Appeal and the State Supreme Court denied review, this Court granted certiorari, vacated the judgment, and remanded for consideration in light of our decision in Miller v. California, 413 U. S. 15 (1973), which had set forth the standards by *597which the constitutionality of § 311.2 was to be determined. After the State Supreme Court ruled that the statute…