State v. Voshart

This appeal challenges the constitutionality of the Wisconsin statute declaring “lewd, obscene and indecent” materials to be contraband, 1 and the validity of the Wisconsin statute providing that, “if a motion to suppress evidence is granted, property seized shall not be returned” if it is subject to confiscation. 2

Scope of Review.

The challenge here is to the constitutionality of the Wisconsin contraband statute on its face, as applied to obscene films, photos and comic books. We do not deal here with what has been termed the “finely drawn line” between what is obscene and what is not…