GARRARD, Judge.
Defendant was convicted under four counts of the sale of obscene materials in violation of IC 1971, 35-30-10-1, Ind.Ann. Stat. § 10-2803 (Burns 1956 Repl.).
Following the grant of certiorari in Stroud v. Indiana (1973), 413 U.S. 911, 93 S.Ct. 3038, 37 L.Ed.2d 1025, our Supreme Court declared this statute unconstitutional. Mohney v. State (1973), Ind.,
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