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STATE v. ROSS

No. 40743.

12 Ohio St. 2d 37 (1967)

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

Supreme Court of Ohio.

Decided November 22, 1967.

Attorney(s) appearing for the Case

Mr. Melvin G. Rueger, prosecuting attorney, and Mr. Fred J. Cartolano, for appellant.

Mr. Allen Brown, for appellee.

BROWN, J.

The problem underlying this case is that the language of the statute used in the indictment has been judicially limited, and this limitation is not apparent from the language itself. The crime is not to knowingly possess or control obscene material, but rather it is to do so with the guilty intention of using, exhibiting, or selling it wrongfully. State v. Jacobellis, 173 Ohio St. 22, reversed on other...

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