Legal Opinion · Dissent
People v. Wasserman
Michigan Court of Appeals
Decided October 1, 1970No. Docket 7,830Published
1DissentBronson, J.
I am unable to agree with the decision reached by my colleagues. In deciding whether the article in question is “obscene in the constitutional sense”, this Court is obliged to make a judgment independent of the jury’s verdict. Jacobellis v. Ohio (1964), 378 US 184 (84 S Ct 1676, 12 L Ed 2d 793); People v. Billingsley (1969), 20 Mich App 10; Bloss v. Dykema (1970), 398 US 278 (90 S Ct 1727, 26 L Ed 2d 230), reversing Grand Rapids City Attorney v. Bloss (1969), 17 Mich App 318.
It is a dangerous precedent for this Court to give its judicial stamp of approval to this prosecution *22and conviction.…
2Cases cited7 opinions
- Roth v. United StatesSupreme Court of the United States · 1957
- Jacobellis v. OhioSupreme Court of the United States · 1964
- A Book Named "John Cleland's Memoirs of a Woman of Pleasure" v. Attorney General of MassachusettsSupreme Court of the United States · 1966
- Redrup v. New YorkSupreme Court of the United States · 1967
- Bloss v. DykemaSupreme Court of the United States · 1970
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