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PARKS v. UNITED STATES

Nos. 6238, 6239.

294 A.2d 858 (1972)

Thomas W. PARKS, Appellant, v. UNITED STATES, Appellee. Nick SAMPONGA, Appellant, v. UNITED STATES, Appellee.

District of Columbia Court of Appeals.

Decided September 11, 1972.

Attorney(s) appearing for the Case

Robert Eugene Smith, Towson, Md., of the bar of the State of Maryland, pro hac vice, by special leave of court, with whom Kenneth D. Wood, Gaithersburg, Md., was on brief, for appellants.

John J. Mulrooney, Asst. U. S. Atty., with whom Harold H. Titus, Jr., U. S. Atty., John A. Terry and Richard L. Beizer, Asst. U. S. Attys., were on brief, for appellee.

Before KELLY, FICKLING and YEAGLEY, Associate Judges.

FICKLING, Associate Judge:

These cases present an important question concerning the proper procedure to be followed by the trial court when confronted with "hard-core pornography" as defined in Morris v. United States, D.C.App., 259 A.2d 337 (1969). We reverse and remand for failure to follow the proper procedure.

Appellants were charged with selling two allegedly obscene 8 millimeter films in violation of D.C.Code 1967, ...

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