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PINKUS v. PITCHESS

No. 24294.

429 F.2d 416 (1970)

William PINKUS, Appellant, v. Peter PITCHESS, Sheriff of Los Angeles County, California, et al., Appellees.

United States Court of Appeals, Ninth Circuit.

June 29, 1970.

Attorney(s) appearing for the Case

Bernard Berkman, of Berkman, Gordon & Kancelbaum, Cleveland, Ohio, Tankel, Toll, Lertzman & Leavitt, Beverly Hills, Cal., for appellant.

Roger Arnebergh, City Atty., Philip E. Gray, Asst. City Atty., Michael T. Sauer, Deputy City Atty., Los Angeles, Cal., for appellee.

Before CHAMBERS, ELY and HUFSTEDLER, Circuit Judges.

PER CURIAM:

In a California municipal court, Pinkus was charged with having committed sixteen violations of the California statute prohibiting the sale and distribution of obscene material. Cal. Penal Code § 311.2. Eventually there was a jury trial, but only nine of the sixteen alleged violations were submitted to the jury. Pinkus was convicted on two of the charges, and a mistrial was declared as to the remaining seven, the jury having been unable to reach agreement...

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