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SMITH v. STATE

No. 2-180A30.

413 N.E.2d 652 (1980)

William F. SMITH, Appellant, (Defendant below), v. STATE of Indiana, Appellee, (Plaintiff below).

Court of Appeals of Indiana, Fourth District.

Rehearing Denied January 22, 1981.

Attorney(s) appearing for the Case

Jeffry G. Price, Peru, for appellant.

Theodore L. Sendak, Atty. Gen., John K. Silk, Deputy Atty. Gen., Indianapolis, for appellee.

MILLER, Judge.

William F. Smith was convicted of distributing obscene matter, a Class D felony.1 We reverse, concluding the statute in question, Ind. Code 35-30-10.1-1 et seq., was unconstitutionally applied in that the photograph2 in question-involving a depiction of mere nudity-is not obscene under the appropriate constitutional standard.

In essence, the State contends that offending matter...

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