STATE v. TIMMONS

No. 1225-2.

12 Wn. App. 48 (1974)

527 P.2d 1399

THE STATE OF WASHINGTON, Respondent, v. MIKE J. TIMMONS, Appellant.

The Court of Appeals of Washington, Division Two.

October 29, 1974.


Attorney(s) appearing for the Case

Victor V. Hoff, for appellant.

Curtis Janhunen, Prosecuting Attorney, and George N. Bowden, Deputy, for respondent.


ARMSTRONG, J.

The major issue raised on this appeal is one of first impression in this state. It requires a determination whether a seller of allegedly obscene materials may be convicted on the basis of a test of obscenity not in existence at the time the sale occurred. We hold that he cannot.

Mike J. Timmons was the owner of The Book Carnival in Aberdeen, Washington. On six different dates between April 24, 1973...

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