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STATE v. PIERREN

Nos. 14912, 15108, 15109 and 15114.

583 P.2d 69 (1978)

STATE of Utah, Plaintiff and Respondent, v. Kenneth E. PIERREN, Defendant and Appellant. STATE of Utah, Plaintiff and Respondent, v. EAGLE BOOK, INC. and Arthur Adalid, Defendants and Appellants. STATE of Utah, Plaintiff and Respondent, v. EAGLE BOOK, INC. and Luana Hall Haig, Defendants and Appellants. STATE of Utah, Plaintiff and Respondent, v. EAGLE BOOK, INC. and Willie Williams, Defendants and Appellants.

Supreme Court of Utah.

July 26, 1978.

Attorney(s) appearing for the Case

Steven R. McCaughey, Salt Lake City, Arthur M. Schwartz and Neil Ayervais, Denver, Colo., for defendants and appellants.

Robert B. Hansen, Atty. Gen., Theodore L. Cannon, Asst. Atty. Gen., Salt Lake City, Robert L. Newey, Weber County Atty., Ogden, for plaintiff and respondent.

HALL, Justice:

Defendants appeal conviction of violating U.C.A., 1953, 76-10-1204, distribution of pornographic material. Pierren was tried on November 11, 1976 (hereinafter "first trial"). Adalid, Haig, and Williams were jointly tried on March 14 and 15, 1977, (hereinafter "second trial"). Eagle Books was tried jointly with each individual defendant. The cases were consolidated for this appeal.

Defendants assert five points on appeal: 1) the statute under...

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