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WASSERMAN v. MUN. COURT OF ALHAMBRA JUD. DIST.

No. 75-1205.

543 F.2d 723 (1976)

Harold WASSERMAN, Petitioner-Appellee, v. The MUNICIPAL COURT OF the ALHAMBRA JUDICIAL DISTRICT, Respondent, The PEOPLE OF the STATE OF CALIFORNIA, Real Party in Interest-Appellant.

United States Court of Appeals, Ninth Circuit.

October 13, 1976.

Attorney(s) appearing for the Case

Dirk L. Hudson, Deputy Dist. Atty. (argued), Los Angeles, Cal., for appellant.

Edwin M. Rosendahl (argued), Beverly Hills, Cal., for petitioner-appellee.

Before CARTER, TRASK and GOODWIN, Circuit Judges.

JAMES M. CARTER, Circuit Judge:

This is an appeal by the People of the State of California from the granting of petitioner Wasserman's writ of habeas corpus. We reverse.

In 1969, Wasserman was charged and convicted of violating California Penal Code § 311.2, a misdemeanor, in that on March 26, 1969, he distributed an obscene brochure. The brochure contained a sketch and textual matter which portrayed ongoing sexual activity. The Superior Court of Los...

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