Legal Opinion
For Adults Only, Inc. v. State ex rel. Gerstein
District Court of Appeal of Florida
Decided January 18, 1972No. 71-532PublishedCited by 7 opinions
1Opinion of the Court
SWANN, Chief Judge.
Defendants appeal from a permanent injunction issued pursuant to § 847.011(7), Fla.Stat., F.S.A.
On appeal defendants argue that Florida obscenity statute [§ 847.011, F.S.] is unconstitutional. ' This argument has been rejected by the Supreme Court of Florida in Mitchem v. State ex rel. Schaub, Fla.1971, 250 So.2d 883. See also Mitchum v. State, Fla.App.1971, 251 So.2d 298.
Defendants also seek reversal because they claim they were denied a jury trial on the issue of obscenity and because the trial court did not require the state to prove certain magazines obscene beyond and…
2Cases cited5 opinions
- Harold S. Kahm v. United StatesCourt of Appeals for the Fifth Circuit · 1962
- Mitchem v. State Ex Rel. SchaubSupreme Court of Florida · 1971
- Mitchum v. StateDistrict Court of Appeal of Florida · 1971
- Collins v. State Beverage DepartmentDistrict Court of Appeal of Florida · 1970
- Jerry v. StateSupreme Court of Florida · 1930
3Cited by7 opinions
- United Theaters of Fla., Inc. v. State Ex Rel. GersteinDistrict Court of Appeal of Florida · 1972
- Adkins v. WinklerDistrict Court of Appeal of Florida · 1992
- Clark v. Allied Associates, Inc.District Court of Appeal of Florida · 1985
- Ladoga Canning Corp. v. McKenzieSupreme Court of Florida · 1979
- Art Theater Enterprises, Inc. v. State ex rel. GersteinDistrict Court of Appeal of Florida · 1972
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