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BRAZELTON v. STATE

550 S.W.2d 7 (1974)

George G. BRAZELTON and Roy Rodgers, Plaintiffs-in-Error, v. STATE of Tennessee, Defendant-in-Error.

Court of Criminal Appeals of Tennessee.

January 14, 1974.

Attorney(s) appearing for the Case

Herbert R. Rich and Philip M. Carden, Nashville, for plaintiffs in error.

David M. Pack, Atty. Gen., C. Hayes Cooney, Asst. Atty. Gen., Arnold Peebles, Jr., Asst. Dist. Atty. Gen., Nashville, for defendant in error.

RUSSELL, Judge.

OPINION

George G. Brazelton and Roy Rodgers were jointly indicted in a four-count indictment charging possession of certain obscene magazines for purposes of sale (three counts) and exhibiting a "peep show" (fourth count), as proscribed by T.C.A. § 39-3003. They were found guilty under each of the first three counts, and each was fined $5,000.00 on each count and sentenced to one day in jail on each count.

Although the offenses...

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