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THOMAS v. STATE

No. 472A170.

303 N.E.2d 293 (1973)

William THOMAS, Appellant (Defendant below), v. STATE of Indiana, Appellee (Plaintiff below).

Court of Appeals of Indiana, Second District.

Rehearing Denied December 7, 1973.

Attorney(s) appearing for the Case

Franklin I. Miroff, Klineman, Rose & Wolf, James Manahan, DeWitt, Richards & Manahan, Indianapolis, for appellant.

Theodore L. Sendak, Atty. Gen., Mark Peden, Deputy Atty. Gen., Indianapolis, for appellee.

BUCHANAN, Presiding Judge.

CASE SUMMARY

William Thomas (Thomas) appeals from his conviction of Offering to Sell Obscene Literature pursuant to IC 1971, 35-30-10-1, Ind. Ann. Stat. § 10-2803 (Burns 1956 Repl.) (the Statute).

We reverse.

FACTS

On June 23, 1970, a police officer purchased a magazine titled "Duo" from the Trans Media Bookstore in Indianapolis, Indiana, and three days later Thomas as manager of the store was charged...

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