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STATE v. GREAT AMERICAN THEATRE

No. 50,901

227 Kan. 633 (1980)

608 P.2d 951

STATE OF KANSAS, Appellant, v. THE GREAT AMERICAN THEATRE CO. d/b/a THE GREAT AMERICAN THEATRE and GEORGE W. CLARK, Appellees.

Supreme Court of Kansas.

Opinion filed April 5, 1980.

Attorney(s) appearing for the Case

Beverly Dempsey, assistant district attorney, argued the cause and Robert T. Stephan, attorney general, and Stephen E. Robison, assistant district attorney, were with her on the brief for the appellants.

No appearance by the appellees.

The opinion of the court was delivered by

HERD, J.:

This appeal is taken upon a question reserved by the State, pursuant to K.S.A. 1978 Supp. 22-3602(b)(3). At trial, a jury was called upon to determine whether the film "French Blue" and the cartoon "Sine" were obscene, pursuant to K.S.A. 1978 Supp. 21-4301(2)(a). The jury found the defendant guilty of promoting obscenity as to the cartoon and was unable to reach a verdict regarding the film...

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