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MOHNEY v. STATE

No. 172A23.

300 N.E.2d 678 (1973)

Harry Virgil MOHNEY and Donald Geraghty, Defendants-Appellants, v. STATE of Indiana, Plaintiff-Appellee.

Court of Appeals of Indiana, First District.

September 4, 1973.

Attorney(s) appearing for the Case

Robert Eugene Smith, Baltimore, Md., Gilbert H. Deitch, Atlanta, Ga., Arnold Baratz, Indianapolis, for appellants.

PER CURIAM.

The defendant-appellants (Mohney and Geraghty) were convicted by a jury of "knowingly selling and offering to sell obscene literature and devices" as defined by IC 35-30-10-1, Ind. Ann. Stat. § 10-2803 (Burns 1972).

We reverse the judgment and conviction and remand to the trial court for the purpose of discharging the defendants Mohney and Geraghty. Our authorities for doing so are the recent cases of Stroud v. State, Ind.Sup.Ct., ...

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