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DILLINGHAM v. STATE

No. 314, September Term, 1969.

9 Md. App. 669 (1970)

267 A.2d 777

JOSEPH BRINTON DILLINGHAM v. STATE OF MARYLAND.

Court of Special Appeals of Maryland.

Decided July 15, 1970.

Attorney(s) appearing for the Case

Joseph Forer for appellant.

Robert A. DiCicco, Assistant Attorney General, with whom were Francis B. Burch, Attorney General, William A. Linthicum, Jr., State's Attorney for Montgomery County, and Barry H. Helfand, Assistant State's Attorney for Montgomery County, on the brief, for appellee.

The cause was argued before MURPHY, C.J., and ANDERSON, MORTON, ORTH, and THOMPSON, JJ.

THOMPSON, J., delivered the majority opinion of the Court. ORTH, J., concurs. ANDERSON, J., dissents. Concurring opinion by ORTH, J., at page 700 infra.

Joseph Brinton Dillingham, the appellant, was convicted under Art. 27, § 418 of the Md. Code which prohibits the sale, exhibition, etc., of obscene pamphlets or drawings. He was originally convicted in the People's Court for Montgomery County. On appeal to the Circuit Court for Montgomery County, he was...

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