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IN RE GIANNINI

Docket No. Crim. 11446.

69 Cal.2d 563 (1968)

446 P.2d 535

72 Cal. Rptr. 655

In re ALBERT J. GIANNINI et al. on Habeas Corpus.

Supreme Court of California. In Bank.

November 14, 1968.

Attorney(s) appearing for the Case

Pelletreau, Gowen, Moses & Porlier and Kenneth Larson for Petitioners.

Thomas C. Lynch, Attorney General, Albert W. Harris, Jr., Assistant Attorney General, Edward P. O'Brien and Michael J. Phelan, Deputy Attorneys General, for Respondent.

James J. Clancy as Amicus Curiae on behalf of Respondent.

TOBRINER, J.

Our ruling in this case rests on the simple proposition that a dance performed before an audience for entertainment cannot be held to violate the statutory prohibitions of indecent exposure and lewd or dissolute conduct in the absence of proof that the dance, tested in the context of contemporary community standards, appealed to the prurient interest of the audience and affronted standards of decency generally...

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