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SMILEY v. STATE

[No. 140, September Term, 1981.]

294 Md. 461 (1982)

450 A.2d 909

BLAINE WILSON SMILEY v. STATE OF MARYLAND

Court of Appeals of Maryland.

Decided October 7, 1982.

Attorney(s) appearing for the Case

Richard J. Guth, with whom were Guth & Guth on the brief, for appellant.

Jane E. Pilliod, Assistant Attorney General, with whom was Stephen H. Sachs, Attorney General, on the brief, for appellee.

The cause was argued before MURPHY, C.J., and SMITH, ELDRIDGE, COLE, DAVIDSON, RODOWSKY and COUCH, JJ.

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

In 1971, by Chapter 494 of the Laws of Maryland, the legislature added a new section to Article 27 of the Annotated Code of Maryland designated as §§ 416A — 416G and entitled "Nudity and Sexual Displays." In pertinent part, it provides by section 416D that:

"(a) any person, firm or corporation is guilty of a misdemeanor if it knowingly displays for advertising purposes any picture, photograph...

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