William Pinkus v. Peter Pitchess, Sheriff of Los Angeles County, California

In a California municipal court, Pinkus was charged with having committed sixteen violations of the California statute prohibiting the sale and distribution of obscene material. Cal. Penal Code § 311.2. Eventually there was a jury trial, but only nine of the sixteen alleged violations were submitted to the jury. Pinkus was convicted on two of the charges, and a mistrial was declared as to the remaining seven, the jury having been unable to reach agreement. Pinkus was sentenced to 180 days of imprisonment on each of the two counts on which he had been convicted, but the court suspended the…