CARLISLE v. STATE

No. 74-1517.

319 So.2d 624 (1975)

Honorable James T. CARLISLE and All Other Judges of the County Court, Palm Beach County, Appellants, v. STATE of Florida ex rel. Michael Charles Smith, Appellee.

District Court of Appeal of Florida, Fourth District.

Rehearing Denied October 27, 1975.


Attorney(s) appearing for the Case

Robert L. Shevin, Atty. Gen., Tallahassee, and Stephen R. Koons, Asst. Atty. Gen., West Palm Beach, for appellants.

Barry L. Halpern of Halpern, Shenberg & Langer, Miami, for appellee.


OWEN, Judge.

After misdemeanor charges against him for showing obscene films in violation of Fla. Stat. § 847.011(4) (1973) were nolle prossed, appellee-relator sought the return of the films (the subject of the charges) which had been seized by the State. The county court held that it could not return the films until it had had an opportunity to view them in order to determine whether they were obscene and whether they therefore ought to be destroyed in accordance...

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