JOHNSON v. COMMONWEALTH


475 S.W.2d 893 (1971)

Ben JOHNSON, Jr. and James Lewls, Appellants, v. COMMONWEALTH of Kentucky, Appellee.

Court of Appeals of Kentucky.

Rehearing Denied March 3, 1972.


Attorney(s) appearing for the Case

J. Calvin Aker, Somerset, for appellants.

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


DAVIS, Commissioner.

On the night of September 18, 1970, the sheriff of Pulaski County viewed at an open-air theater a public exhibition of a motion picture entitled "How To Succeed With Sex." Deeming the movie to be obscene, the sheriff made a warrantless arrest of Ben Johnson, Jr., the operator and owner of the theater, and James Lewis, the projectionist. Incident to the arrests the sheriff seized the film. Subsequently, the film was shown to the county grand jury...

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