State v. Rollins

OPINION

DWYER, Judge.

This represents an appeal by the State of Tennessee from the judgment of the Shelby County Criminal Court in which the defendants’ motion to dismiss indictments was granted. The following defendants, Malcolm R. Rollins, Danny R. Moon, Ricky Glen Husbands, Barbara J. Childress, Cheryl Rena Price, Bobby J. Woodley, Clara Mae Sanders, Mary M. Traylor and Ronald Lee Lindsey were all charged with violation of T.C.A. § 39-6-1104, Tennessee’s obscenity statute. In its findings of fact and conclusions of law, the trial court concluded that the statute is overbroad and should not…