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400 E. BALTIMORE STREET, INC. v. STATE

No. 1500, September Term, 1980.

49 Md. App. 147 (1981)

431 A.2d 682

400 E. BALTIMORE STREET, INC., BLOCK NEWS, INC., PHILLIP DAVID LONG, THOMAS F. CRAIG, JOSEPH D. STEPHENS, DAVID THOMAS STOUGHTON, CHARLES BOOKS, INC., DEBORAH ROYOLA REDDING A/K/A DEBORAH ROYOLA PIERCE v. STATE OF MARYLAND.

Court of Special Appeals of Maryland.

Decided June 8, 1981.

Attorney(s) appearing for the Case

Burton W. Sandler, with whom was Jerre S. Diener on the brief, for appellants.

Patricia E. McDonald, Assistant Attorney General, with whom were Stephen H. Sachs, Attorney General of Maryland, F. Ford Loker, Assistant Attorney General, William A. Swisher, State's Attorney for Baltimore City, and John Prevas, Assistant State's Attorney for Baltimore City, on the brief, for appellee.

The cause was argued before GILBERT, C.J. and THOMPSON and WILNER, JJ.

WILNER, J., delivered the opinion of the Court.

Md. Ann. Code Art. 27, § 418 provides, in relevant part, that every person who knowingly "exhibits, distributes, or offers to distribute, or has in his possession with intent to distribute or to exhibit or offer to distribute, any obscene matter is guilty of a misdemeanor." Section 423 of that article, however, states that the "prohibitions and penalties imposed in this subtitle [which includes § 418] shall...

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