Smith v. Commonwealth

DAVIS, Commissioner.

A jury found appellant guilty of knowingly distributing obscene matter, as denounced by KRS 436.101, and fixed the punishment at a fine of $1,000. Attacking the judgment of conviction, appellant contends that (1) KRS 436.101 is unconstitutional for its failure to prescribe that proscribed material must be “utterly without redeeming social value”; (2) a directed ver- diet of acquittal was improperly denied; (3) the instructions were erroneous; and (4) the prosecution should have been dismissed because no adversary hearing had been held previously for the purpose of…