United States v. American Theater Corporation and Richard Ottis Berry

HEANEY, Circuit Judge.

American Theater Corporation and Richard Berry appeal from their conviction by a jury of knowingly transporting by common carrier in interstate commerce two obscene motion pictures entitled “Champagne Party” and “(X) The Club (X)” in violation of 18 U.S.C. § 1462. 1 We affirm.

Three issues are raised on appeal. American Theater and Berry contend that neither film is obscene as a matter of law and that both are protected expression under the First Amendment. Berry asserts that there is insufficient evidence to show that he had knowledge of the contents of the films and,…