State v. McNamee

The defendant was charged in the Lima Municipal Court with six different charges of pandering obscenity in violation of R.C. 2907.32. In each case the trial court, prior to trial, on motion of the defendant, dismissed the charges and in each case, the state has appealed.

All six motions to dismiss were heard at the same time. As to case No. 1-83-27, evidence in the form of a magazine entitled “Femme Fatale, Volume 1, No. 2” was introduced into evidence by the defendant on the hearing on the defendant’s motion to dismiss. Each of the charges related to a different specific magazine. Without any…