STATE v. SCHWARTZ

No. 41079.

255 N.W.2d 859 (1977)

199 Neb. 17

STATE of Nebraska, Appellee, v. Beverly Ann SCHWARTZ, Appellant.

Supreme Court of Nebraska.

July 13, 1977.


Attorney(s) appearing for the Case

James M. Tyler, Ogallala, Arthur M. Schwartz, Neil Ayervais, Denver, Colo., for appellant.

Paul L. Douglas, Atty. Gen., Ralph H. Gillan, Asst. Atty. Gen., Lincoln, for appellee.

Heard before SPENCER, BOSLAUGH, McCOWN, CLINTON, BRODKEY, and WHITE, JJ.


BOSLAUGH, Justice.

The defendant, Beverly Ann Schwartz, was convicted on three counts of selling obscene motion picture films. The films which the defendant sold were entitled "Smokers, Blue Monday," "The Masturbater," and "Wet and Warm, A Debauchery Film." No contention is made that the films were not obscene.

The defendant was fined $1,000 and sentenced to imprisonment in the county jail for 30 days on each count, the sentences to run concurrently. She has...

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