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VILLAGE BOOKS, INC. v. STATE

No. 12, September Term, 1974.

22 Md. App. 274 (1974)

323 A.2d 698

VILLAGE BOOKS, INC. ET AL. v. STATE OF MARYLAND.

Court of Special Appeals of Maryland.

Decided August 7, 1974.

Attorney(s) appearing for the Case

Stanley M. Dietz for appellants.

James G. Klair, Assistant Attorney General, with whom were Francis B. Burch, Attorney General, Arthur A. Marshall, Jr., State's Attorney for Prince George's County and John B. Wynes, Assistant State's Attorney for Prince George's County, on the brief, for appellees.

The cause was argued before ORTH, C.J., and MOYLAN and LOWE, JJ.

ORTH, C.J., delivered the opinion of the Court.

The definition of obscenity originally announced by the Supreme Court of the United States in Roth v. United States, 354 U.S. 476, was significantly refined by the plurality opinion in Memoirs v. Massachusetts, 383 U.S. 413. Recognizing that the Memoirs plurality test for the determination of obscenity vel non had represented...

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