directed to the exhibition of a film.

30.

State ex rel. Cahalan v. Diversfied Theatrical Corp.,

396 Mich. 244, 240 N.W.2d 460(1976).

Issue was whether a statute which provides that a place of lewdness, assignation or prostitution is a public nuisance can be applied to motion picture houses. The court found the statute did not apply to motion picture houses and did not reach the question of obscenity.

31.

902(1977).

People v. Llewellyn, 401 Mich. 314, 257 N.W. 2d

Convicted of exhibiting two allegedly obscene films. The convictions were reversed on appeal on the basis that the city standard used for obscenity was invalid under the theory of state preemption. The question of whether the films were obscene under Miller was not addressed.

State v. XLNT Corp., 536 S.W.2d 836(Mo. App. 1976) (The Devil in Miss Jones).

32.

Conviction of possessing an obscene film. "The Devil in Miss Jones," with intent to circulate it. The conviction was affirmed. There was no question regarding the factual or legal

determination that the "The Devil in Miss Jones," was obscene.

33. State v. Reggins, 645 S.W.2d 113 (Mo. App. 1985) (The Devil in Miss Jones).

Defendant was convicted of promotion of pornography in the second degree. He received a six-month suspended sentence and was placed on two years probation. The films were "The Devil in Miss Jones" and "Hot and Saucy Pizza Girls." The conviction was affirmed. There was no question raised on appeal as to the pornographic material of the films.

34.

City of Souix Falls v. Mini-Kota Art Theatres, Inc., 247 N.W. 2d.676(S.D. 1976) (The Devil in Miss Jones).

Convicted of violating the Souix Falls obscenity ordinance

by showing the movie, "The Devil in Miss Jones." The defendant was fined three hundred dollars.

35.

Judgment was affirmed.

Yorkview Theater Corp., 74 Misc. 2d 729, 345

N.Y.S.2d 413(1973).

Action was brought to enjoin the defendants from the sale or distribution or further distribution or acquisition or possession

་་

within the State of New York of the film "The Devil in Miss

Jones" and specifically to enjoin the exhibition of the film is The court denied the motion to dismiss and

Monroe County.

continued the preliminary injunction.

v.

36. Circle Cinema, Inc. Town of Colonie, 82 Misc. 2d 527, 371 N.Y.S. 2d 344(1975) (Deep Throat, The Devil in Miss Jones).

"The Devil in Miss

and Kitty's

Police seized six films, "Deep Throat," Jones," "Marriage Manual," "Climax,' "Feel"

Pleasure Palace." The court found the continued seizure procedure did not meet constitutional standards.

37. Vergari v. Pierre Productions Inc., 42. A.D. 950, 352

N.Y.S. 2d 34(1974) (The Devil in Miss Jones).

State sought to enjoin defendants from exhibiting the film "The Devil in Miss Jones." The trial court found a preliminary injunction was not an available remedy under the statute. The appellate division reversed and granted the preliminary injunction. The defendant was also convicted of obscenity in the second degree.

38.

Commonwealth

V.

MacDonald, 464 Pa. 435, 347 A.2d

290(1975) (Deep Throat, The Devil in Miss Jones).

Defendants were charged with exhibiting the films, "Deep

Throat"

and The Devil and Miss Jones." The trial court quashed the criminal complaint on the basis that the statute did not meet the constitutional standards of Miller. In affirming the trial court judgment, the court stated, "We therefore conclude that section 5903(a) fails to satisfy the Miller standard and therefore may not constitutionally be applied unless and it is amended to specifically define the sexual conduct whose depiction or description is to be regulated thereby."

39.

Throat).

State v. Auippa, 298 So. 2d 391 (Fla. 1974) (Deep

Defendant was charged distributing an obscene film, "Deep Throat" by exhibition. Trial court certified questions to the Florida Supreme Court. The court found:

1. The definition of what material is obscene under Florida statutes was sufficient under the Miller standards;

2.

Florida Statute requires a standard of proof that the material is utterly without redeeming social value; and,

3. Florida Statutes set forth what specifically defined conduct is prohibited.

40. Roberts v. State, 373 So. 2d 672(Fla. 1979).

Court ordered destruction of obscene materials after seizure. The court reversed on the grounds that no seizure had occurred within the meaning of the statute. The court did not reach the issue of obscenity.

City and County of Denver. 190 Colo. 163,

544 P.2d 382 (1976) (Deep Throat).

Menefee was found guilty of possession and promotion of obscene material, "Deep Throat." The convictions were reversed. The court found the Colorado statute was unconstitutionally vague and overbroad.

42.

People v. Tabron, 190 Colo. 149, 544 P.2d 372(1976).

Defendant was found guilty of promoting obscenity. He was fined $1,000 and sentenced to a twelve month jail term. The convictions were reversed. The court found the statute was unconstitutional under the Miller standard.

43.

Pussycat Theatre

v.

State. 355 So. 2d 829(Fla. App.

1978) (Deep Throat).