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KMA, INC. v. CITY OF NEWPORT NEWS

Record No. 830875.

323 S.E.2d 78 (1984)

KMA, INC. v. CITY OF NEWPORT NEWS.

Supreme Court of Virginia.

November 30, 1984.

Attorney(s) appearing for the Case

Irvin Borenstein, Denver, Colo. (Frederic L. Moschel, Newport News, Arthur M. Schwartz and Bradley Reich, Denver, Colo., 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.

KMA, Inc. (KMA), was charged in each of 33 indictments, as amended, with knowingly owning a building and permitting it to be used for the purpose of presenting an obscene performance in violation of Section 27-4(2) of the Newport News City Code.2 A jury found KMA guilty as charged and fixed its punishment at payment of a fine of $1,000 for each offense. The trial court entered judgment on the verdict.

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