State v. Burton

HOUSER, Commissioner.

This is a prosecution in which defendant Robert Clay Burton was charged with unlawfully possessing and selling an obscene magazine containing writings, pictures and photographs of an indecent, immoral and scandalous character. Tried to the St. Louis Court of Criminal Correction without a jury, defendant was found guilty and fined $100. He has appealed from the judgment of conviction.

By motion to dismiss the information appellant questioned the constitutionality of § 563:28o,1 upon which this prosecution was based, on the ground that this section impairs appellant’s rights…