Stroud v. State

On August 21, 1969, appellant was charged by indictment with the offense of Sale of Obscene Literature. Appellant moved to quash the indictment, alleging “that the statute on which this action was based, Acts 1961, ch. 40, sec. 1, p. 70 (Burns 10-2803) is unconstitutionally vague and provides for constitutional censorship and invasion of privacy.” The trial court overruled the motion, whereupon, the appellant entered a plea of not guilty, waiving jury trial. On January 21,1970, the court found the appellant guilty and fined him one hundred dollars [$100.] and costs.

Appellant sets forth four…