State v. Southland News Co.

OPINION

TATUM, Judge.

This is an appeal by the State seeking to reverse a judgment of the trial court dismissing four indictments charging the ap-pellees with selling obscene material in violation of T.C.A. § 39-3013 (Chapter 510, Section 3, 1974 Public Acts of Tennessee). The trial judge sustained the appellee’s motion to dismiss on the ground that “the District Attorney General has failed to abide by Section 39-30141 of the Tennessee Code Annotated.”

The trial judge’s finding of fact upon which the indictments were dismissed is as follows:

*104As a factual background, these cases are allegations of…