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SMITH v. COMMONWEALTH

465 S.W.2d 918 (1971)

James W. SMITH, Appellant, v. COMMONWEALTH of Kentucky, Appellee.

Court of Appeals of Kentucky.

Rehearing Denied May 14, 1971.

Attorney(s) appearing for the Case

Larry D. Raikes, Hodgenville, for appellant.

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

DAVIS, Commissioner.

A jury found appellant guilty of knowingly distributing obscene matter, as denounced by KRS 436.101, and fixed the punishment at a fine of $1,000. Attacking the judgment of conviction, appellant contends that (1) KRS 436.101 is unconstitutional for its failure to prescribe that proscribed material must be "utterly without redeeming social value"; (2) a directed verdict of acquittal was improperly denied...

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