State v. Smith

JOHNSON, Judge.

Defendants bring forward eleven assignments of error. For reasons stated below, we overrule all assignments.

The basic facts are not in dispute. On the afternoon of 1 October 1985, Officer H. F. Frye of the Charlotte City Police entered the Cinema Blue Bookstore in Charlotte, where defendant Schoch was the manager and defendant Smith worked as a clerk, and purchased from Schoch a package of magazines containing one entitled “Cum Up My Asshole” and a film entitled “Nature Lovers.” Defendant Smith took no part in this first sale. Later that same afternoon, Sergeant T. G. Barnes,…