Legal Opinion

Sedelbauer v. State

Indiana Supreme Court

Decided November 30, 1981No. 1181S335PublishedCited by 17 opinions

1Opinion of the Court

TRANSFER FROM COURT OF APPEALS

GIVAN, Chief Justice.

Appellant was convicted in the Superior Court, Allen County, on two counts of distributing obscene matter for'consideration.

The Court of Appeals reversed his conviction. 402 N.E.2d 1006. Opinion on Rehearing, 405 N.E.2d 566. We grant transfer in this case, set aside the opinion of the Court of Appeals, and sustain the decision of the trial court.

In reversing the trial court, the Court of Appeals held that (1) Instruction No. 12, given by the trial court, which authorized the jury to consider whether the matter or performance had been…

2Cases cited7 opinions

  1. Miller v. CaliforniaSupreme Court of the United States · 1973
  2. Ginzburg v. United StatesSupreme Court of the United States · 1966
  3. Manual Enterprises, Inc. v. DaySupreme Court of the United States · 1962
  4. Smith v. United StatesSupreme Court of the United States · 1977
  5. Pinkus v. United StatesSupreme Court of the United States · 1978

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3Cited by17 opinions

  1. Fort Wayne Books, Inc. v. IndianaSupreme Court of the United States · 1989
  2. City of Urbana ex rel. Newlin v. DowningOhio Supreme Court · 1989
  3. People Ex Rel. Tooley v. Seven Thirty-Five East Colfax, Inc.Supreme Court of Colorado · 1985
  4. Van Sant v. StateIndiana Court of Appeals · 1988
  5. Sedelbauer v. StateIndiana Court of Appeals · 1983

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