Legal Opinion
State v. Yabe
Court of Appeals of Arizona
Decided January 6, 1977No. 1 CA-CR 1822PublishedCited by 23 opinions
1Opinion of the Court
OPINION
OGG, Judge.
In this appeal we are called upon to. determine the constitutionality of the scienter requirement of ARS § 13-532 which prohibits the knowing publication, sale or distribution of obscene materials.
Appellant/defendant Kenji Yabe was found guilty in Phoenix City Court of selling an obscene item in violation of ARS § 13-532, following a jury trial in August, 1975. Yabe appealed and was again found guilty of the charge following a trial de novo in superior court. Following a judgment of conviction and sentence Yabe brought the instant appeal.
Prior to the second trial Yabe filed…
2Cases cited11 opinions
- Hamling v. United StatesSupreme Court of the United States · 1974
- Smith v. CaliforniaSupreme Court of the United States · 1960
- Ginsberg v. New YorkSupreme Court of the United States · 1968
- Mishkin v. New YorkSupreme Court of the United States · 1966
- Vernon Walker Huffman v. United States, Dennis Eugene Pryba v. United StatesCourt of Appeals for the D.C. Circuit · 1972
6 more not listed; retrieve them via the Exa API.
3Cited by23 opinions
- State v. ArnettArizona Supreme Court · 1978
- State v. WaltonCourt of Appeals of Arizona · 1982
- Martin v. CommonwealthKentucky Supreme Court · 2003
- State v. IrvingCourt of Appeals of Arizona · 1990
- State v. Book-Cellar, Inc.Court of Appeals of Arizona · 1984
18 more not listed; retrieve them via the Exa API.