STATE v. ATLAS

No. 21.

195 S.E.2d 496 (1973)

283 N.C. 165

STATE of North Carolina v. Frank ATLAS et al.

Supreme Court of North Carolina.

April 11, 1973.


Attorney(s) appearing for the Case

Atty. Gen. Robert Morgan and Asst. Atty. Gen. Millard R. Rich, Jr., for the State.

Ervin, Horack & McCartha by C. Eugene McCartha, Charlotte, and J. Duane Gilliam, Fayetteville, for defendants.


LAKE, Justice.

The defendants' first assignment of error is to the refusal of the trial court to admit in evidence at the hearing on the motion to quash the warrants certain magazines which the defendant Atlas testified he purchased on a Sunday at a newsstand "in Fayetteville." The defendants' contention is that these magazines are obscene and, since, under the ordinance, publications of this nature can be sold at newsstands on Sunday, it cannot be said that the ordinance...

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