City of New Orleans v. Owen

SANDERS, Chief Justice.

The City of New Orleans charged Kenneth Owen with obscene live conduct, a violation of Municipal Code Section 42-51(1). Defendant filed a motion to quash the affidavit. The Municipal Court of the City of New Orleans denied the motion to quash. Defendant sought writs to the Orleans Criminal District Court, which denied his application. Defendant then applied to this Court for writs. We granted writs. City of New Orleans v. Owen, La., 349 So.2d 494 (1977).

In his motion to quash, defendant alleges that: the municipal ordinance, MCS 42-51, is unconstitutional under the…