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SMITH v. CRUMLISH

207 Pa.Super. 516 (1966)

Smith v. Crumlish, Appellant.

Superior Court of Pennsylvania.

April 14, 1966.

Attorney(s) appearing for the Case

David L. Creskoff, Assistant District Attorney, with him Stanley M. Shingles and Joseph M. Smith, Assistant District Attorneys, F. Emmett Fitzpatrick, Jr., First Assistant District Attorney, and James C. Crumlish, Jr., District Attorney, in propria persona, for appellant.

Jacob Kalish, with him Harold Kohn, and Dilworth, Paxson, Kalish, Kohn & Dilks, for appellee.

Maurice Pollon, for appellee.

Jacob S. Richman, for American Civil Liberties Union under Rule 46.

Before ERVIN, P.J., WRIGHT, WATKINS, MONTGOMERY, FLOOD, JACOBS, and HOFFMAN, JJ.

OPINION BY HOFFMAN, J., April 14, 1966:

This appeal raises important constitutional questions concerning the seizure of allegedly obscene motion picture films and the prosecution of exhibitors under certain sections of The Penal Code.

On November 23, 1964, in response to citizens' complaints, a member of the District Attorney's staff and a county detective viewed "Olga's House of Shame," a film which was being shown at the Devon Theater and the Art Spruce...

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