ROADEN v. COMMONWEALTH


473 S.W.2d 814 (1971)

Harry ROADEN, Appellant, v. COMMONWEALTH of Kentucky, Appellee.

Court of Appeals of Kentucky.

As Modified on Denial of Rehearing December 17, 1971.


Attorney(s) appearing for the Case

M. D. Harris, Phillip K. Wicker, Harris & Wicker, Somerset, for appellant.

John B. Breckinridge, Atty. Gen., Robert V. Bullock, Asst. Atty. Gen., Frankfort, for appellee.


DAVIS, Commissioner.

Harry Roaden, manager of Highway-27 Drive-In Theatre, was convicted of exhibiting obscene material in contravention of KRS 436.101 (2). His penalty was fixed by the jury at a fine of $1,000 and confinement in jail for six months. The obscene material was a motion picture entitled "Cindy and Donna." It was conceded by Roaden's counsel in closing argument to the jury that the film is obscene. No issue is presented on appeal as to the obscenity of...

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