STATE v. DORNBLASER

No. 93911.

26 Ohio Misc. 29 (1971)

THE STATE OF OHIO v. DORNBLASER.

Common Pleas Court of Cuyahoga County, Criminal Branch.

Decided March 8, 1971.


Attorney(s) appearing for the Case

Mr. John T. Corrigan, prosecuting attorney, and Mr. George J. Sadd, for plaintiff.

Mr. George Wm. Joseph, Jr., for defendant.


PRYATEL, J.

The grand jury returned an indictment against the defendant for the "sale of obscene films." Within season the defendant filed a Motion to suppress on two grounds: (1) that there was no prior adversary hearing on the question of obscenity; and (2) that R. C. 2905.34, under which the defendant was charged, is unconstitutional.

The facts in the instant case reveal that an operator of a service station at Whitethorn & Lorain in North Olmsted,...

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