State v. Hughes

SMITH, Presiding Judge.

Defendant appeals from his conviction, in a court tried case, of a violation of Sec. 563.280, RSMo 1969, V.A.M.S. selling obscene matter. He was fined $300.

Defendant raises three points. His contention that no specific finding of obscenity was made by the trial court was ruled by us recently in State v. Richardson, 506 S.W.2d 488 (Mo.App.1974) contrary to defendant’s position. His attack on the “seizure” of the deck of cards is misplaced — there was no seizure, the policeman bought the deck of cards from defendant.

Defendant also contends scienter was not established. In…