Salt Lake City v. Piepenburg

In a criminal proceeding in a city court defendant was charged with a violation of Section 32-2-10(3), Rev.Ord. of Salt Lake City (1975). Specifically, he was charged with exhibiting a motion picture depicting obscene sexual conduct. He was found guilty. He appealed to the district court. Upon a trial de novo, he was convicted by a jury. He appeals. We should reverse.

The reasons for reversal are many; they are fundamental to our jurisprudence. The infirmities are egregious.

Defendant waived any defense based upon artistic value; because he considered the prosecutorial misconduct, and the…