STATE v. OSBORNE


117 N.J. Super. 409 (1971)

285 A.2d 43

STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT, v. ROBERT CHESTER OSBORNE, CARL JABLONSKI AND THEODORE MICHELE, DEFENDANTS-APPELLANTS.

Superior Court of New Jersey, Appellate Division.

Decided December 10, 1971.


Attorney(s) appearing for the Case

Mr. Robert H. Simandl argued the cause for appellants (Messrs. Simandl, Leff, Kraemer & Waldor, attorneys).

Mr. David S. Baime, Assistant Prosecutor, argued the cause for respondent (Mr. Joseph P. Lordi, Essex County Prosecutor, attorney).

Before Judges CONFORD, MATTHEWS and FRITZ.


The opinion of the court was delivered by CONFORD, P.J.A.D.

We granted leave to appeal from the denial of a motion to suppress evidence seized under search warrants in connection with impending criminal prosecutions for exhibiting an allegedly obscene film. Important First and Fourteenth Amendment questions appeared to be involved. For reasons which follow, we affirm.

Defendants are the managers, respectively, of three movie theatres in Essex County in each...

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