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CAPRI ADULT CINEMA v. STATE

537 S.W.2d 896 (1976)

CAPRI ADULT CINEMA et al., Petitioners, v. STATE of Tennessee, Respondent.

Supreme Court of Tennessee.

March 22, 1976.

Attorney(s) appearing for the Case

Frierson M. Graves, Jr., and Michael F. Pleasants, Memphis, for petitioners; Heiskell, Donelson, Adams, Williams & Kirsch, Memphis, of counsel.

R.A. Ashley, Jr., Atty. Gen., William C. Koch, Jr., Asst. Atty. Gen., Noel R. Bagwell, Dist. Atty. Gen., for respondent.

OPINION

HARBISON, Justice.

Petitioners, together with a codefendant Earl L. Heath, were named in seven indictments, returned on February 21, 1973, charging them with violation of T.C.A. §§ 39-3003 et seq., a portion of the then obscenity laws of the state.

After plea bargaining, petitioners entered a plea of guilty to one of the indictments and expressly agreed for the trial court to fix the sentence. Sentence was imposed under this indictment...

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