Legal Opinion

State v. Bauer

Court of Appeals of Arizona

Decided December 13, 1988No. Nos. 1 CA-CR 11628, 1 CA-CR 11631PublishedCited by 2 opinions

1Opinion of the Court

OPINION

BROOKS, Judge.

Appellants Gary Bauer and Yoco Enterprises, Inc., doing business as Castle Adult Bookstore (defendants), were charged by indictment with seven counts of production, publication, sale, and possession for distribution of obscene items, all class 6 felonies. The charges stemmed from the sale or rental of four videocassette films.

The first trial ended in a mistrial, with the jury informing the trial court that it could not reach a verdict on any of the seven counts. On retrial, the prosecution *445elected to proceed on only five counts in connection with two films, “Loose Ends”…

2Cases cited39 opinions

  1. Roth v. United StatesSupreme Court of the United States · 1957
  2. Miller v. CaliforniaSupreme Court of the United States · 1973
  3. Huffman v. Pursue, Ltd.Supreme Court of the United States · 1975
  4. Near v. Minnesota Ex Rel. OlsonSupreme Court of the United States · 1931
  5. Freedman v. MarylandSupreme Court of the United States · 1965

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3Cited by2 opinions

  1. JJR INC. v. City of SeattleWashington Supreme Court · 1995
  2. State v. LongDistrict Court of Appeal of Florida · 1989

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