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STATE v. SMITH

No. 51904.

422 S.W.2d 50 (1967)

STATE of Missouri, Respondent, v. Rollin Eugene SMITH, Appellant.

Supreme Court of Missouri, En Banc.

Rehearing Denied December 11, 1967.

Attorney(s) appearing for the Case

Norman H. Anderson, Atty. Gen., John H. Denman, Asst. Atty. Gen., Jefferson City, for respondent.

Newmark & Baris, Irl B. Baris, St. Louis, for appellant.

HOUSER, Commissioner.

Rollin Eugene Smith, a clerk in a bookstore on McPherson Avenue in St. Louis, has appealed from a workhouse sentence of 30 days and a fine of $500 imposed upon him following a jury verdict of guilty of possessing obscene matter (the book "Candy") with intent to sell, in violation of § 563.280, V.A.M.S.1

We have jurisdiction of this appeal, notwithstanding it is a misdemeanor case, because the construction...

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