PEOPLE v. BERGER

No. 24923.

521 P.2d 1244 (1974)

The PEOPLE of the State of Colorado, Plaintiff-Appellee, v. Jerrold BERGER, Defendant-Appellant.

Supreme Court of Colorado, En Banc.

May 6, 1974.


Attorney(s) appearing for the Case

Duke W. Dunbar, Atty. Gen., John P. Moore, Deputy Atty. Gen., Eugene C. Cavaliere, Asst. Atty. Gen., Denver, for plaintiff-appellee.

Mellman, Mellman & Thorn, P. C., Isaac Mellman, Denver, for defendant-appellant.

David E. Engdahl, Boulder, amicus curiae.


ERICKSON, Justice.

Jerrold Berger was charged in a seven-count information with promoting obscene material in violation of 1969 Perm.Supp., C.R.S.1963, 40-28-2. Each of the seven counts was based upon the sale of separate magazines to Officer John L. Taggart of the Colorado Springs Police Department. Taggart purchased the magazines at Jerry's Magazine Exchange which Berger owned. Berger was convicted by a jury on all seven counts. We reverse.

At the trial...

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