State v. Schwing
Ohio Supreme Court
1Opinion of the CourtCorrigan, J.
Appellant’s first, second and fourth propositions of law are directed to his conviction under former R. C. 2905.301. Appellant’s third proposition of law deals *298with the constitutionality of former R. C. 3761.11 and will be discussed separately.
I
Appellant maintains, in proposition of law No. 1, that the trial court’s instruction, removing from the jury the question of fact as to whether appellant’s alleged language was obscene and licentious within the meaning of R. C. 2905.301, is erroneous and deprives him of due process of law. Appellant argues that the Court of Appeals cannot render such…
2Cases cited27 opinions
- New York Times Co. v. SullivanSupreme Court of the United States · 1964
- Roth v. United StatesSupreme Court of the United States · 1957
- National Ass'n for the Advancement of Colored People v. ButtonSupreme Court of the United States · 1963
- Miller v. CaliforniaSupreme Court of the United States · 1973
- Red Lion Broadcasting Co. v. Federal Communications CommissionSupreme Court of the United States · 1969
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3Cited by18 opinions
- Dempsey v. PeopleSupreme Court of Colorado · 2005
- State v. FieldenSupreme Court of Georgia · 2006
- State v. DianaOhio Supreme Court · 1976
- State v. BrandOhio Court of Appeals · 1981
- Daniel Thompson v. Edward Gaffney and William HallCourt of Appeals for the Sixth Circuit · 1976
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