Legal Opinion
Orito v. State
Wisconsin Supreme Court
Decided June 6, 1972No. State 205PublishedCited by 12 opinions
1Opinion of the CourtHanley, J.
The following issues are presented on this appeal:(1) Is the magazine constitutionally protected as a matter of law;(2) Was the evidence sufficient to prove scienter beyond a reasonable doubt;(3) Did the trial court err in admitting evidence concerning the nature of the premises at which the magazine was sold; and(4) Were instructions relating to pandering proper?
Nonobscenity as a matter of law.
Defendant asks this court to find the magazine not obscene as a matter of law. This court has adopted the test for obscenity first enunciated in Roth v. United States (1957), 354 U. S. 476, 489, 77…
2Cases cited8 opinions
- Roth v. United StatesSupreme Court of the United States · 1957
- Smith v. CaliforniaSupreme Court of the United States · 1960
- A Book Named "John Cleland's Memoirs of a Woman of Pleasure" v. Attorney General of MassachusettsSupreme Court of the United States · 1966
- Ginzburg v. United StatesSupreme Court of the United States · 1966
- Mishkin v. New YorkSupreme Court of the United States · 1966
3 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- State Ex Rel. Chobot v. Circuit Court for Milwaukee CountyWisconsin Supreme Court · 1973
- Orito v. PowersCourt of Appeals for the Seventh Circuit · 1973
- Orito v. PowersDistrict Court, E.D. Wisconsin · 1972
- State v. BruesewitzWisconsin Supreme Court · 1973
- Sedelbauer v. StateIndiana Court of Appeals · 1980
7 more not listed; retrieve them via the Exa API.