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STATE v. VORE

No. 277S105.

375 N.E.2d 205 (1978)

STATE of Indiana, Appellant, v. Roger VORE, Robert Durkin and Edward Kelwaski, Appellees.

Supreme Court of Indiana.

May 3, 1978.

Attorney(s) appearing for the Case

Theodore L. Sendak, Atty. Gen., Kenneth R. Stamm, Deputy Atty. Gen., Indianapolis, for appellant.

Barrie C. Tremper, Fort Wayne, for appellees.

DeBRULER, Justice.

Appellees, defendants below, were charged with misdemeanor violations of the Indiana Obscenity Statute of 1975, Ind. Code §§ 35-30-10.1-1 to -8 (Burns 1975), for having run a movie entitled "Fly Me" at a theater in Fort Wayne, Indiana. They filed a motion to dismiss the information contending that such statute was constitutionally infirm in that in Section 4(b), Ind. Code § 35-30-10.1-4(b), it exempted various enumerated institutions...

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