Legal Opinion

State v. Smith

Supreme Court of North Carolina

Decided November 3, 1988No. 163A88PublishedCited by 20 opinions

1Opinion of the Court

*440FRYE, Justice.

The dispositive issue presented on this appeal is whether the Court of Appeals erred when it affirmed the convictions of both defendants, holding that they were properly convicted of separate offenses arising out of the dissemination of each item determined by the jury to be obscene. The issue presented is one of first impression before this Court. The Court of Appeals decided that in enacting N.C.G.S. § 14-190.1 the legislature intended that a defendant could be convicted of a separate offense for each obscene item disseminated in a single transaction. We disagree and therefore…

2Cases cited16 opinions

  1. Bell v. United StatesSupreme Court of the United States · 1955
  2. Court v. WisconsinSupreme Court of the United States · 1973
  3. State v. HagemanSupreme Court of North Carolina · 1982
  4. City of Madison v. NickelWisconsin Supreme Court · 1974
  5. State v. RossSupreme Court of North Carolina · 1967

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

3Cited by20 opinions

  1. Straughn v. StateCourt of Criminal Appeals of Alabama · 2003
  2. State v. WhiteCourt of Appeals of North Carolina · 1997
  3. King v. StateCourt of Criminal Appeals of Alabama · 1995
  4. State v. HembySupreme Court of North Carolina · 1993
  5. State v. BealeSupreme Court of North Carolina · 1989

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

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