CAIN v. COMMONWEALTH


437 S.W.2d 769 (1969)

David G. CAIN et al., Appellants, v. COMMONWEALTH of Kentucky, Appellee.

Court of Appeals of Kentucky.

February 14, 1969.


Attorney(s) appearing for the Case

James E. Thornberry, Louisville, for appellants.

John B. Breckinridge, Atty. Gen., George F. Rabe, John B. Browning, Asst. Attys. Gen., Frankfort, for appellee.

Stuart A. Handmaker, Louisville, for Kentucky Civil Liberties Union, Inc., amicus curiae.

Charles H. Keating, Jr., Cincinnati, Ohio, James J. Clancy, Sun Valley, Cal., Ray T. Dreher, Clayton, Mo., Carl F. Guy, East Syracuse, N. Y., Richard M. Bertsch, Cleveland, Ohio, Albert S. Johnston III, Biloxi, Miss., for Citizens for Decent Literature, Inc., amici curiae.


OSBORNE, Judge.

The defendants were convicted after a jury trial in the Jefferson Circuit Court on two separate charges: one, of bringing an obscene motion picture film, "I, A Woman," into the Commonwealth of Kentucky for exhibition, with prior knowledge of its obscenity; and, two, of exhibiting an obscene motion picture entitled, "I, A Woman," with knowledge of its obscenity.

This appeal is from a judgment of conviction assessing fines upon the jury verdict...

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