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STATE v. GRIFFITH

No. 37805.

174 Ohio St. 553 (1963)

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

Supreme Court of Ohio.

Decided May 29, 1963.

Attorney(s) appearing for the Case

Mr. Russell Leach, city attorney, and Mr. Bernard T. Chupka, for appellee.

Mr. George E. Tyack, for appellant.

Per Curiam.

Section 2905.40, Revised Code, purporting to impose an absolute criminal liability upon one who operates or permits another to operate on his premises a picture machine exhibiting proscribed pictures without reference to guilty knowledge (scienter) or guilty purpose (mens rea) on the part of the accused is unconstitutional. City of Cincinnati v. Marshall,

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