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STATE v. BURCH

No. 62127.

365 So.2d 1263 (1978)

STATE of Louisiana v. Daniel W. BURCH and Wrestle, Inc., d/b/a Midtown News.

Supreme Court of Louisiana.

Concurring Opinion January 26, 1979.

Attorney(s) appearing for the Case

Jack Peebles, New Orleans, for defendant-appellant.

William J. Guste, Jr., Atty. Gen., Barbara Rutledge, Asst. Atty. Gen., Harry F. Connick, Dist. Atty., Louise S. Korns, Asst. Dist. Atty., for plaintiff-appellee.

SANDERS, Chief Justice.

The State charged Wrestle, Inc. and its president, Daniel Burch, with two counts of displaying and exhibiting obscene material. LSA-R.S. 14:106. The six-person jury unanimously found Wrestle, Inc. guilty as charged as to one count but acquitted it as to the other. Burch was acquitted on both counts. The trial court sentenced Wrestle, Inc. to pay a fine of one thousand dollars, plus court costs. The defendant relies upon four assignments of...

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