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SPLAWN v. CALIFORNIA

No. 76-143.

431 U.S. 595 (1977)

SPLAWN v. CALIFORNIA.

Supreme Court of United States.

Decided June 6, 1977.

Attorney(s) appearing for the Case

Arthur Wells, Jr., argued the cause and filed a brief for petitioner.

William D. Stein, Deputy Attorney General of California, argued the cause for respondent. With him on the brief were Evelle J. Younger, Attorney General, Jack R. Winkler, Chief Assistant Attorney General, Edward P. O'Brien, Assistant Attorney General, and Alvin J. Knudson, Deputy Attorney General.*

MR. JUSTICE REHNQUIST delivered the opinion of the Court.

Petitioner Splawn was convicted in 1971 of the sale of two reels of obscene film, a misdemeanor violation of California Penal Code § 311.2 (West 1970). After the conviction was affirmed on appeal by the California First District Court of Appeal and the State Supreme Court denied review, this Court granted certiorari, vacated the judgment, and remanded for consideration in light of our decision in Miller...

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