Legal Opinion

State v. Johnson

New Mexico Court of Appeals

Decided June 5, 1986No. 9005PublishedCited by 7 opinions

1Opinion of the Court

OPINION

DONNELLY, Judge.

Defendant appeals his conviction of one count of distribution of obscene material in violation of Curry County Ordinance 85-3. Three issues are presented on appeal: (1) denial of admission of defendant's exhibit; (2) denial of tendered instruction; and (3) imposition of a greater sentence following trial de novo in district court. We affirm.

Defendant was arrested and charged with the distribution of sexually-explicit publications in his bookstore outside Clovis. A plainclothes officer purchased three magazines entitled “TV Lust,” “Anal Thrust,” and “Big Butthole…

2Cases cited23 opinions

  1. North Carolina v. PearceSupreme Court of the United States · 1969
  2. Roth v. United StatesSupreme Court of the United States · 1957
  3. Miller v. CaliforniaSupreme Court of the United States · 1973
  4. Hamling v. United StatesSupreme Court of the United States · 1974
  5. Colten v. KentuckySupreme Court of the United States · 1972

18 more not listed; retrieve them via the Exa API.

3Cited by7 opinions

  1. State v. HouseNew Mexico Supreme Court · 1999
  2. City of Albuquerque v. SachsNew Mexico Court of Appeals · 2004
  3. State v. BrouwerCourt of Appeals of South Carolina · 2001
  4. State v. LeBlangLouisiana Court of Appeal · 1988
  5. American Booksellers Ass'n, Inc. v. SchiffDistrict Court, D. New Mexico · 1986

2 more not listed; retrieve them via the Exa API.

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