Legal Opinion

State v. Smith

Supreme Court of Missouri

Decided November 13, 1967No. 51904PublishedCited by 64 opinions

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

  1. Yick Wo v. HopkinsSupreme Court of the United States · 1886
  2. Malloy v. HoganSupreme Court of the United States · 1964
  3. Graham v. John Deere Co. of Kansas CitySupreme Court of the United States · 1966
  4. Roth v. United StatesSupreme Court of the United States · 1957
  5. Jacobellis v. OhioSupreme Court of the United States · 1964

37 more not listed; retrieve them via the Exa API.

3Cited by64 opinions

  1. State v. TaylorSupreme Court of Missouri · 1984
  2. State v. WhitfieldSupreme Court of Missouri · 1992
  3. People v. BoulwareNew York Court of Appeals · 1971
  4. State v. FlynnSupreme Court of Missouri · 1975
  5. State v. LumsdenSupreme Court of Missouri · 1979

59 more not listed; retrieve them via the Exa API.

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