Legal Opinion
House v. Commonwealth
Supreme Court of Virginia
Decided September 5, 1969No. Record 7002PublishedCited by 20 opinions
1Opinion of the CourtEggleston, C.J.
An indictment in the court below charged that Charles House “did knowingly and unlawfully sell and commercially distribute and exhibit obscene items,” specified as an issue of the magazine KNIGHT and two issues of the magazine RAW, “knowing the said items * * * to be obscene,” in violation of Code § 18.1-228, as amended. 1
The defendant filed a motion to quash the indictment on the ground that § 18.1-228 was unconstitutional and void, because, he said, the last sentence in paragraph (4) of the section illegally dispensed with the required proof of scienter. The sentence reads: “Possession in…
2Cases cited11 opinions
- Roth v. United StatesSupreme Court of the United States · 1957
- Jacobellis v. OhioSupreme Court of the United States · 1964
- Smith v. CaliforniaSupreme Court of the United States · 1960
- A Book Named "John Cleland's Memoirs of a Woman of Pleasure" v. Attorney General of MassachusettsSupreme Court of the United States · 1966
- Redrup v. New YorkSupreme Court of the United States · 1967
6 more not listed; retrieve them via the Exa API.
3Cited by20 opinions
- Price v. CommonwealthSupreme Court of Virginia · 1974
- Grove Press, Inc. v. EvansDistrict Court, E.D. Virginia · 1969
- Price v. CommonwealthSupreme Court of Virginia · 1972
- Shinall v. WorrellDistrict Court, E.D. North Carolina · 1970
- In Re Seven MagazinesSupreme Court of Rhode Island · 1970
15 more not listed; retrieve them via the Exa API.