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STATE v. LUCK

Nos. 60177 and 60178.

353 So.2d 225 (1977)

STATE of Louisiana, Appellee, v. John T. LUCK d/b/a Tommy's News et al., Appellants. STATE of Louisiana, Appellee, v. Robert H. GILMORE d/b/a Gilmore's Newsstand et al., Appellants.

Supreme Court of Louisiana.

Concurring Opinion December 13, 1977.

Rehearing Denied December 14, 1977.

Attorney(s) appearing for the Case

William M. Lucas, Jr., Dufour, Levy, Marx, Lucas & Osborne, New Orleans, Robert J. Donovan, Jr., Naff, Kennedy, Goodman, Stephens, Donovan & Parnell, Shreveport, for appellants.

William J. Guste, Jr., Atty. Gen., Barbara Rutledge, Asst. Atty. Gen., John A. Richardson, Dist. Atty., Stephen A. Glassell, Asst. Dist. Atty., for appellee.

TATE, Justice.

The State of Louisiana, represented by the district attorney, filed these two proceedings to determine the obscenity (or not) of certain named publications which the defendants Gilmore and Luck1 were offering for sale at their news stands. Subsequently the Shreveport News Agency, Inc., wholesale distributor of the publications, was joined as a co-defendant in both prosecutions.

The defendants appeal from adverse...

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