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McNEAL v. STATE

No. 3-1081A247.

434 N.E.2d 127 (1982)

Michael D. McNeal, Appellant (Defendant below), v. STATE of Indiana, Appellee (Plaintiff below).

Court of Appeals of Indiana, Third District.

Rehearing Denied May 28, 1982.

Attorney(s) appearing for the Case

K. Richard Payne, Fort Wayne, for appellant.

Linley E. Pearson, Atty. Gen., William E. Daily, Deputy Atty. Gen., Indianapolis, for appellee.

HOFFMAN, Presiding Judge.

Michael McNeal appeals his convictions on two counts of distributing obscene matter for consideration in violation of IC 1971, 35-30-10.1-2(2) (Burns 1979 Repl.). Issues raised are:

(1) whether the materials distributed are protected under the First and Fourteenth Amendments to the United States Constitution; and (2) whether the evidence is sufficient to show that McNeal had actual knowledge of the nature of the materials...

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