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STATE v. PIEPENBURG

No. 15895.

602 P.2d 702 (1979)

STATE of Utah, Plaintiff and Respondent, v. James PIEPENBURG, Defendant and Appellant.

Supreme Court of Utah.

October 26, 1979.

Attorney(s) appearing for the Case

John D. O'Connell, Richard J. Hertzberg, Phoenix, Ariz., for defendant and appellant.

Robert B. Hansen, Atty. Gen., Paul E. Reimann, Asst. Atty. Gen., Roger Cutler, Salt Lake City Atty., Paul G. Maughan, Stanley H. Olsen, Asst. City Attys., Salt Lake City, for plaintiff and respondent.

HALL, Justice:

Defendant appeals from his conviction of violating Utah's obscenity statute.1 He was sentenced to six months in jail with three months suspended and the sentence was stayed pending this appeal.

On May 25, 1977, three films were seized from the Gallery Theatre pursuant to a search warrant and defendant was arrested. The warrant was issued by a magistrate who based his order on the detailed description of the films...

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