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CULBERTSON v. STATE OF CALIFORNIA

No. 21675.

385 F.2d 209 (1967)

Jack Ray CULBERSTON, Appellant, v. STATE OF CALIFORNIA, Appellee.

United States Court of Appeals Ninth Circuit.

October 23, 1967.

Attorney(s) appearing for the Case

Harry Ellman, Melvyn Steim, San Diego, Cal., for appellant.

Edward T. Butler, City Atty., Kenneth Lounsberry, San Diego, Cal., for appellee.

Before MERRILL and ELY, Circuit Judges, and BYRNE, District Judge.

PER CURIAM:

In the Municipal Court of the San Diego, California Judicial District, appellant was convicted of violating section 311.2 of the California Penal Code.1 The statute, in effect, proscribes the sale of obscene material. The appellant was the proprietor of a San Diego newspaper and magazine store. The charge and subsequent conviction rested upon his sale of a packet containing twelve photographs. Only one of the pictures was visible...

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