No. 80-2225.

683 F.2d 1305 (1982)

Dorothy Nell HUNT, Petitioner-Appellee, v. STATE OF OKLAHOMA, Respondent-Appellant.

United States Court of Appeals, Tenth Circuit.

Rehearing Denied October 12, 1982.

Attorney(s) appearing for the Case

Michael Avant-Pybas, Asst. Atty. Gen. for the State of Okl., Oklahoma City, Okl. (Jan Eric Cartwright, Atty. Gen. for the State of Okl., and David W. Lee, Asst. Atty. Gen., Chief, Crim. Div. of the State of Okl., Oklahoma City, Okl., with him on the brief), for respondent-appellant.

Don E. Gasaway, Tulsa, Okl., for petitioner-appellee.

Before DOYLE, LOGAN and SEYMOUR, Circuit Judges.

SEYMOUR, Circuit Judge.

Dorothy Nell Hunt was convicted in state court of violating an Oklahoma obscenity statute that prohibits the unlawful sale of a movie showing acts of sexual intercourse or unnatural copulation, 21 Okla.Stat. § 1040.51 (1968).1 On a petition for writ of habeas corpus, the federal district court concluded the obscenity statute had been unconstitutionally applied to Hunt because the state court judge failed to...

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