Legal Opinion

Wall Distributors, Inc. v. City of Newport News

Supreme Court of Virginia

Decided November 30, 1984No. Record 830605PublishedCited by 5 opinions

1Opinion of the CourtCochran, J.

The sole question presented in this appeal from 25 convictions under indictments charging violations of the Newport News obscenity ordinance is whether the indictments were fatally defective in that they failed to allege scienter.

Wall Distributors, Inc. (Wall), trading as the “Book Boutique,” was charged with violating Section 27-3(a)(4) of the Newport News City Code which provides in pertinent part as follows:

It shall be unlawful for any person to knowingly: . . . [h]ave in such person’s possession, with intent to sell, rent, lend, transport or distribute any obscene item.

On September 13,…

2Cases cited11 opinions

  1. Hamling v. United StatesSupreme Court of the United States · 1974
  2. Smith v. CaliforniaSupreme Court of the United States · 1960
  3. United States v. DebrowSupreme Court of the United States · 1953
  4. Court v. WisconsinSupreme Court of the United States · 1973
  5. Wilder v. CommonwealthSupreme Court of Virginia · 1976

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

3Cited by5 opinions

  1. State v. PetroneWisconsin Supreme Court · 1991
  2. Cantwell v. CommonwealthCourt of Appeals of Virginia · 1986
  3. Reed v. CommonwealthCourt of Appeals of Virginia · 1987
  4. KMA, INC. v. City of Newport NewsSupreme Court of Virginia · 1984
  5. Barnett v. Branch & Associates, Inc.Montgomery County Circuit Court · 1991

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