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STATE v. KOHLER

40 N.J. Super. 600 (1956)

123 A.2d 881

STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT, v. GERALD KOHLER AND SAM COEN, DEFENDANTS-APPELLANTS.

Superior Court of New Jersey, Appellate Division.

Decided July 13, 1956.

Attorney(s) appearing for the Case

Mr. Frank J.V. Gimino argued the cause for plaintiff-respondent (Mr. Frederick T. Law, prosecutor).

Mr. Maurice C. Brigadier argued the cause for defendants-appellants (Mr. Seymour Margulies on the brief).

Before Judges CLAPP, JAYNE and FRANCIS.

The opinion of the court was delivered by CLAPP, S.J.A.D.

Defendants were convicted under an indictment charging them with having in their possession obscene moving picture films "with intent to utter or expose [the same] to the view of another," contrary to the provisions of N.J.S. 2A:115-2. They appeal.

The films, eight millimeters in size, were part of the stock in trade of a retail novelty store in Union City, N.J. operated by defendants...

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