Good v. State

Hall, Presiding Judge.

Defendant theater owner appeals from his conviction for exhibiting obscene motion pictures. His primary enumeration of error is the denial of his motion to suppress the film on the ground of illegal seizure. The State concedes that the seizure was made under the authority of an arrest warrant based only on the affidavit of the district attorney stating that the films were obscene and that there was no prior adversarial hearing to determine the issue of obscenity.

After some years of confusion in the law, it now appears that a prior adversarial hearing to determine…