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STATE v. CINEMA 16, INC.

No. 40848.

250 N.W.2d 633 (1977)

197 Neb. 675

STATE of Nebraska, Appellee, v. CINEMA 16, INC., Appellant.

Supreme Court of Nebraska.

February 16, 1977.

Attorney(s) appearing for the Case

Walter J. Matejka, Omaha, for appellant.

Paul Douglas, Atty. Gen., Lincoln, Herbert M. Fitle, City Atty., Gary P. Bucchino, City Prosecutor, Omaha, for appellee.

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

McCOWN, Justice.

Cinema 16, Inc., was charged in the municipal court of Omaha on three counts of distribution of obscene materials in violation of section 28-926.17(1), R.R.S.1943. Defendant was found guilty by a jury on all three counts and fined $1,000 on each count. An appeal was taken to the District Court in accordance with section 29-611 et seq., R.R.S.1943. The District Court affirmed the convictions but noted in the judgment that the instructions used by the...

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