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WHEELER v. STATE

[No. 66, September Term, 1977.]

281 Md. 593 (1977)

380 A.2d 1052

JOHN W. WHEELER v. STATE OF MARYLAND

Court of Appeals of Maryland.

Motion for reconsideration filed January 11, 1978.

Denied January 20, 1978.

Certiorari denied April 24, 1978.

Attorney(s) appearing for the Case

Burton W. Sandler for appellant.

Bruce C. Spizler, Assistant Attorney General, with whom were Francis B. Burch, Attorney General, and Clarence W. Sharp, Assistant Attorney General, on the brief, for appellee.

The cause was argued before MURPHY, C.J., and SMITH, DIGGES, LEVINE, ELDRIDGE and ORTH, JJ.

Certiorari denied, Supreme Court of the United States, April 24, 1978.

ORTH, J., delivered the opinion of the Court. MURPHY, C.J., and LEVINE, J., dissent and MURPHY, C.J., filed a dissenting opinion in which LEVINE, J., concurs at page 609 infra.

We hold that §§ 417 (2) and 418 of Maryland's Obscene Matter Act, Maryland Code (1957, 1976 Repl. Vol.) Art. 27, are unconstitutional on the ground that...

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