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KAPLAN v. UNITED STATES

No. 5452.

277 A.2d 477 (1971)

James Jay KAPLAN, Appellant, v. UNITED STATES, Appellee.

District of Columbia Court of Appeals.

Decided May 10, 1971.

Attorney(s) appearing for the Case

H. Clifford Allder, Washington, D. C., for appellant.

William H. Schweitzer, Asst. U. S. Atty., with whom Thomas A. Flannery, U. S. Atty., John A. Terry and Roger E. Zuckerman, Asst. U. S. Attys., were on the brief, for appellee.

Before HOOD, Chief Judge, and KERN and GALLAGHER, Associate Judges.

KERN, Associate Judge.

Appellant appeals from a judgment of conviction for presenting an obscene film1 entered after a trial by the court without a jury. Prior to trial, the court upon an affidavit by a police officer had issued a search warrant for a film of some 12 minutes running time contained in a "peepshow" machine located in an "arcade" in downtown Washington. On the day after the warrant was executed and the machine and its reel...

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