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STATE v. INTERNATIONAL AMUSEMENTS

No. 14535.

565 P.2d 1112 (1977)

STATE of Utah, Plaintiff and Respondent, v. INTERNATIONAL AMUSEMENTS, dba Adult Book and Cinema Store, David Andrew Pauly, Manager, Stuart Lee, Hersel Richardson, Jr., and Kenneth Cleveland, Defendants and Appellants.

Supreme Court of Utah.

June 13, 1977.

Attorney(s) appearing for the Case

Brian R. Florence, of Florence & Hutchison, Ogden, for defendants-appellants.

Vernon B. Romney, Atty. Gen., Earl F. Dorius, Asst. Atty. Gen., Salt Lake City, for plaintiff-respondent.

HALL, Justice:

The defendants were found guilty of distributing pornographic material in violation of Utah Code Ann., Sec. 76-10-1204 (Supp. 1975). Defendants ask that their convictions be set aside, arguing that the District Court of Weber County erred in its instructions to the jury in three respects: First, that it failed to instruct the jury on the required element of scienter; second, that it failed to instruct the...

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