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CITY OF ALBUQUERQUE v. BUTT

No. 721.

493 P.2d 773 (1972)

83 N.M. 463

CITY OF ALBUQUERQUE, Plaintiff-Appellee, v. Ernest BUTT et al., Defendants-Appellants.

Court of Appeals of New Mexico.

January 14, 1972.

Attorney(s) appearing for the Case

Charles Driscoll, Albuquerque, for defendants-appellants.

Frank M. Mims, Albuquerque, for plaintiff-appellee.

OPINION

SUTIN, Judge.

This appeal involves the constitutionality of Ordinance No. 171-1969, § 38D(1) of the City of Aubuquerque, providing against lewd, immoral or obscene acts such as distributing obscene material in pictorial magazine form. The City of Albuquerque conceded that the ordinance is unconstitutional and the conviction appealed from must be reversed.

The ordinance is unconstitutional because it does not comply with the threefold...

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