State v. McMilian

STOCKARD, Commissioner.

Appellant was charged by information with a violation of § 563.280, RSMo 1969, V.A.M.S., in which it was alleged that he “did wilfully and unlawfully possess with intent to distribute a certain obscene, lewd, licentious, indecent or lascivious motion picture, to-wit: titled ‘How Many Times’ ”. He was found guilty by a jury *27and sentenced to a fine of $1,000 and confinement in jail for a period of six months. Appellate jurisdiction is in this court because constitutional issues are presented concerning- the use of the film as evidence after a seizure alleged to violate…