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McNARY v. CARLTON

No. 58371.

527 S.W.2d 343 (1975)

Gene McNARY, Prosecuting Attorney of St. Louis County, Missouri, Respondent, v. Bruce CARLTON and B. Dalton Company, Appellants.

Supreme Court of Missouri, En Banc.

September 8, 1975.

Attorney(s) appearing for the Case

John C. Danforth, Atty. Gen., Paul Robert Otto, Asst. Atty. Gen., Jefferson City, for respondent.

Irl B. Baris, Newmark & Baris, St. Louis, for appellants.

DONNELLY, Judge.

On February 27, 1973, the Circuit Court of St. Louis County entered its decree, under § 563.285, RSMo 1969, declaring the book "The Happy Hooker" obscene and enjoining appellants from selling or distributing it in the State of Missouri.

Section 563.285, supra, reads in part as follows:

"The circuit courts have jurisdiction to enjoin the publication, sale or distribution of obscene prints, articles and matter, as hereinafter specified...

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