Legal Opinion
Scherr v. Municipal Court
California Court of Appeal
Decided March 10, 1971No. Civ. 28043PublishedCited by 6 opinions
1Opinion of the Court
Opinion
DEVINE, P. J.
This case comes to the Court of Appeal by the process of appeal from an order of the superior court denying a petition for writ of prohibition to prevent the municipal court from proceeding with the prosecution of a misdemeanor charge, violation of Penal Code section 311.2, subdivision (a).
Appellant was charged originally with knowingly preparing, publishing and distributing obscene matter, to wit, a picture in The Berkeley Barb. Demurrer was sustained on the ground that it was not charged that the newspaper as a whole was obscene. The People filed an amended complaint…
2Cases cited11 opinions
- A Book Named "John Cleland's Memoirs of a Woman of Pleasure" v. Attorney General of MassachusettsSupreme Court of the United States · 1966
- Zeitlin v. ArneberghCalifornia Supreme Court · 1963
- Central Magazine Sales, Ltd. v. United StatesSupreme Court of the United States · 1967
- People v. NoroffCalifornia Supreme Court · 1967
- Mandel v. Municipal CourtCalifornia Court of Appeal · 1969
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3Cited by6 opinions
- Penthouse International, Ltd. v. McAuliffeCourt of Appeals for the Fifth Circuit · 1980
- DeMott v. Board of Police CommissionersCalifornia Court of Appeal · 1981
- Penthouse International, Ltd. v. Hinson McAuliffe Etc., Hustler Magazine, Inc., Etc. v. Hinson McAuliffe Etc., High Society Magazine, Inc. v. Hinson McAuliffe Etc., Eastway Enterprises, Ltd. v. Hinson McAuliffe Etc., Montcalm Publishing Corporation v. Hinson McAuliffe Etc., Penthouse International, Ltd. v. Hinson McAuliffe Individually and as Solicitor General of the County Offulton, State of Georgia, Playboy Enterprises, Inc. v. Hinson McAuliffe Individually and as Solicitor General for the County Offulton, State of Georgia, Playboy Publications, Inc. v. Hinson McAuliffe Individually and as Solicitor General for the County Offulton, State of GeorgiaCourt of Appeals for the Fifth Circuit · 1980
- People v. MazzoneAppellate Court of Illinois · 1977
- Austin v. Municipal CourtCalifornia Court of Appeal · 1979
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