State v. Starr Enterprises, Inc.

The opinion of the court was delivered by

McFarland, J.:

This is a direct appeal by the defendant, Starr Enterprises, Inc., from a November 9, 1977, conviction of the crime of promoting obscenity (K.S.A. 1978 Supp. 21-4301). Defendant was fined $2,500.00.

The defendant was charged with two counts of promoting obscenity by commercially exhibiting two motion picture films: “Ghost Town” and “Affair in the Air.” The defendant was acquitted as to “Affair in the Air” and convicted as to “Ghost Town.”

The defendant raises four issues on appeal. The first two issues deal with the constitutionality of the…