State v. Smith
Supreme Court of Missouri
1Opinion of the Court
HOUSER, Commissioner.
Rollin Eugene Smith, a clerk in a bookstore on McPherson Avenue in St. Louis, has appealed from a workhouse sentence of 30 days and a fine of $500 imposed upon him following a jury verdict of guilty of possessing obscene matter (the book “Candy”) with intent to sell, in violation of § 563.280, V.A.M.S.1
We have jurisdiction of this appeal, notwithstanding it is a misdemeanor case, because the construction of the state and federal constitutions is necessary to its determination. Constitution of Missouri, 1945, Art. V, § 3, V.A.M.S.
On March 31, 1965 police detective Edwin…
2Cases cited42 opinions
- Yick Wo v. HopkinsSupreme Court of the United States · 1886
- Malloy v. HoganSupreme Court of the United States · 1964
- Graham v. John Deere Co. of Kansas CitySupreme Court of the United States · 1966
- Roth v. United StatesSupreme Court of the United States · 1957
- Jacobellis v. OhioSupreme Court of the United States · 1964
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3Cited by64 opinions
- State v. TaylorSupreme Court of Missouri · 1984
- State v. WhitfieldSupreme Court of Missouri · 1992
- People v. BoulwareNew York Court of Appeals · 1971
- State v. FlynnSupreme Court of Missouri · 1975
- State v. LumsdenSupreme Court of Missouri · 1979
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