State v. Atlas

LAKE, Justice.

The defendants’ first assignment of error is to the refusal of the trial court to admit in evidence at the hearing on the motion to quash the warrants certain magazines which the defendant Atlas testified he purchased on a Sunday at a newsstand “in Fayetteville.” The defendants’ contention is that these magazines are obscene and, since, under the ordinance, publications of this nature can be sold at newsstands on Sunday, it cannot be said that the ordinance has a reasonable relation to its stated objective, which is “to provide for the due observance of Sunday as a day of rest,…