MONICA THEATER v. MUNICIPAL COURT

Docket No. 33606.

9 Cal.App.3d 1 (1970)

88 Cal. Rptr. 71

MONICA THEATER et al., Plaintiffs and Appellants, v. THE MUNICIPAL COURT FOR THE BEVERLY HILLS JUDICIAL DISTRICT OF LOS ANGELES COUNTY, Defendant and Respondent; THE PEOPLE, Real Party in Interest and Respondent.

Court of Appeals of California, Second District, Division Five.

June 23, 1970.


Attorney(s) appearing for the Case

COUNSEL

Stanley Fleishman for Plaintiffs and Appellants.

No appearance for Defendant and Respondent.

Evelle J. Younger, District Attorney, Harry Wood and Robert Lederman, Deputy District Attorneys, for Real Party in Interest and Respondent.


OPINION

REPPY, J.

At the outset we point out that this opinion deals strictly with a misdemeanor violation (Pen. Code, § 311.2 — exhibiting obscene material) and with a judicial inquiry into grounds supportive of a warrant under which an allegedly obscene motion picture film was seized. A pretrial on-the-merits determination as to whether the subject material is or is not legally obscene is not involved.

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