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STATE v. WARTH

No. 36964.

173 Ohio St. 15 (1962)

THE STATE OF OHIO, APPELLEE, v. WARTH, APPELLANT.

Supreme Court of Ohio.

Decided January 17, 1962.

Attorney(s) appearing for the Case

Mr. Arthur O. Fisher, city prosecutor, Mr. Henry W. Phillips and Mr. Edward J. Duffy, Jr., for appellee.

Messrs. Wright, Harlor, Morris, Arnold & Glander, for appellant.

Per Curiam.

Section 2905.342, Revised Code, making it a misdemeanor to have in one's possession an obscene motion picture film, without reference to knowledge or scienter on the part of an accused, is unconstitutional. City of Cincinnati v. Marshall, 172 Ohio St. 280; Smith v. California, 361 U.S. 147.

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