State v. McCluney

GRAHAM, Judge.

This charge arises out of defendant’s sale of a magazine entitled Young Beavers. The sale took place on 10 November 1969 at the City News Stand in Gastonia. Only the cover of the magazine was displayed. When the magazine was purchased defendant took the contents from under the counter and inserted them in the cover.

Defendant contends the material contained in the magazine is, as a matter of law, not obscene. We see no purpose in describing the details of the magazine’s contents. Suffice to say, we have examined the contents and are of the opinion that the question of whether the…