State v. Vore

*341DeBruler, J.

Appellees, defendants below, were charged with misdemeanor violations of the Indiana Obscenity Statute of 1975, Ind. Code §§ 35-30-10.1-1 to -8 (Burns 1975), for having run a movie entitled “Fly Me” at a theater in Fort Wayne, Indiana. They filed a motion to dismiss the information contending that such statute was constitutionally infirm in that in Section 4 (b), Ind. Code § 35-30-10.1-4 (b), it exempted various enumerated institutions and individuals from prosecution, thereby creating a statutory classification which was violative of the Equal Protection Clause of the Fourteenth…