Legal Opinion

City of Wilmington v. Lewis

District Court, D. Delaware

Decided January 13, 1971No. Crim. A. No. 2051Published

1Opinion of the Court

*1036OPINION

LATCHUM, District Judge.

Invoking the jurisdictional provisions of 28 U.S.C. § 1443(1) and (2),1 Richard F. Lewis (the “petitioner”) has removed to this Court a criminal prosecution commenced against him by information in the Municipal Court of the City of Wilmington. The information charges the petitioner, an operator of a motion picture theatre in Wilmington, with exhibiting obscene material, to wit, a trailer film of coming attractions titled, “Ride, Mister, Ride” and “Potpourri”, in violation of the Wilmington Obscenity Ordinance, 69-166.2

The petitioner contends that he is a United…

2Cases cited5 opinions

  1. City of Greenwood v. PeacockSupreme Court of the United States · 1966
  2. Georgia v. RachelSupreme Court of the United States · 1966
  3. Chestnut v. People of State of New YorkCourt of Appeals for the Second Circuit · 1966
  4. Pennsylvania v. CivillDistrict Court, W.D. Pennsylvania · 1970
  5. Connecticut v. IngramDistrict Court, D. Connecticut · 1969

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