Legal Opinion
KMA, INC. v. City of Newport News
Supreme Court of Virginia
Decided November 30, 1984No. Record 830875PublishedCited by 4 opinions
1Opinion of the CourtCochran, J.
KMA, Inc. (KMA), was charged in each of 33 indictments, as amended, with knowingly owning a building and permitting it to be used for the purpose of presenting an obscene performance in violation of Section 27-4(2) of the Newport News City Code. 1 2 A jury found KMA guilty as charged and fixed its punishment at payment of a fine of $1,000 for each offense. The trial court entered judgment on the verdict.
At a pretrial hearing, KMA moved to dismiss the original indictments on the grounds that they failed to include the element of scienter and that the ordinance creates a system of prior…
2Cases cited15 opinions
- Blockburger v. United StatesSupreme Court of the United States · 1931
- Roth v. United StatesSupreme Court of the United States · 1957
- Miller v. CaliforniaSupreme Court of the United States · 1973
- Hamling v. United StatesSupreme Court of the United States · 1974
- Paris Adult Theatre I v. SlatonSupreme Court of the United States · 1973
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3Cited by4 opinions
- Chaves v. JohnsonSupreme Court of Virginia · 1985
- City of Farmington v. StansburyNew Mexico Court of Appeals · 1991
- Chaves v. JohnsonSupreme Court of Virginia · 1985
- Commonwealth v. LevinNorfolk County Circuit Court · 2001