People v. Vickery

The circuit court judge rested his decision to quash the complaint and warrant upon a single ground:

"The Court does agree with the argument of the Defendant that local communities shall have the right to determine by local juries what standards shall apply, but that these standards are applied by local juries and courts of law under prosecution of applicable state law.

"It is the Opinion of this Court that the standards by which obscenity is to be judged in this state or in any other state must be set by the Legislature of that state. It is perfectly obvious that local juries, in trying obscen*198i…