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STATE v. BAKER

No. 57,645

11 Kan. App. 2d 4 (1985)

711 P.2d 759

STATE OF KANSAS, Appellee, v. RICKY B. BAKER, Appellant.

Court of Appeals of Kansas.

Opinion filed December 12, 1985.

Attorney(s) appearing for the Case

Patrick R. Butler, of the American Civil Liberties Union, of Wichita, for the appellant.

Geary N. Gorup, assistant district attorney, Clark V. Owens, district attorney, and Robert T. Stephan, attorney general, for the appellee.

Before REES, P.J., BRISCOE, J., and WILLIAM D. CLEMENT, District Judge, assigned.

BRISCOE, J.:

Defendant Ricky B. Baker appeals his conviction of two counts of promoting obscenity in violation of K.S.A. 21-4301. Defendant challenges the constitutionality of K.S.A. 21-4301, and also contends his prosecution violates the public policy codified by the statute.

Defendant was employed as a clerk in Plato's, an adult bookstore in Wichita, Kansas. The bookstore sells books, magazines, sexual devices, and lingerie, and has small booths for showing...

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