Legal Opinion

Barbone v. Superior Court of Pima County

Court of Appeals of Arizona

Decided December 19, 1969No. 2 CA-CIV 782PublishedCited by 7 opinions

1Opinion of the Court

HOWARD, Judge.

The petitioners, defendants in criminal proceedings presently pending in Pima county superior court, have asked this court to issue a writ of prohibition, directed to the respondent court, to halt the respective criminal prosecutions.

The petitioners were charged with violations of our obscenity statute, A.R.S. § 13-532, as amended, and subsequently filed motions to quash challenging the constitutionality of the statute. The motions were denied and these extra-ordinary writ proceedings were commenced, an appropriate vehicle for testing the constitutionality issue. Loftus v.…

2Cases cited24 opinions

  1. Roth v. United StatesSupreme Court of the United States · 1957
  2. Jacobellis v. OhioSupreme Court of the United States · 1964
  3. A Book Named "John Cleland's Memoirs of a Woman of Pleasure" v. Attorney General of MassachusettsSupreme Court of the United States · 1966
  4. Ginzburg v. United StatesSupreme Court of the United States · 1966
  5. Mishkin v. New YorkSupreme Court of the United States · 1966

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3Cited by7 opinions

  1. State v. GetzArizona Supreme Court · 1997
  2. State v. LimpusCourt of Appeals of Arizona · 1981
  3. State v. ColeCourt of Appeals of Arizona · 1972
  4. NGC Theatre Corporation v. MummertArizona Supreme Court · 1971
  5. State v. NavarretteCourt of Appeals of Arizona · 1977

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