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WALL DISTRIBUTORS v. CITY OF NEWPORT NEWS

Record No. 830605.

323 S.E.2d 75 (1984)

WALL DISTRIBUTORS, INC. v. CITY OF NEWPORT NEWS.

Supreme Court of Virginia.

November 30, 1984.

Attorney(s) appearing for the Case

Bradley Jay Reich, Denver, Colo. (Frederic L. Moschel, Newport News, Arthur M. Schwartz, Denver, Colo., Cumming & Patrick, Hampton, on brief), for appellant.

Kris J. Sundberg, Asst. City Atty. (Robert V. Beale, City Atty., William C. Johnson, Asst. City Atty., on brief), for appellee.

Present: All the Justices.

COCHRAN, Justice.

The sole question presented in this appeal from 25 convictions under indictments charging violations of the Newport News obscenity ordinance is whether the indictments were fatally defective in that they failed to allege scienter.

Wall Distributors, Inc. (Wall), trading as the "Book Boutique," was charged with violating Section 27-3(a)(4) of the Newport News City Code which provides in pertinent part as follows:

It shall be unlawful...

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