STATE v. KELLY

No. 52037.

728 S.W.2d 674 (1987)

STATE of Missouri, Respondent, v. Thomas C. KELLY and Lloyd M. Kelly, Appellants.

Missouri Court of Appeals, Eastern District, Division One.

Motion for Rehearing and/or Transfer Denied May 6, 1987.


Attorney(s) appearing for the Case

Robert A. Hampe, St. Louis, for appellants.

Robert A. Margulis, Stephen A. Moore, Asst. Circuit Attys., George A. Peach, Circuit Atty., St. Louis, for respondent.


CRIST, Judge.

Defendants were convicted in a jurywaived trial of promoting pornography in the second degree. § 573.030, RSMo (1986). Defendant Thomas C. Kelly was sentenced to pay a fine of $1,000, and defendant Lloyd M. Kelly was sentenced to pay a fine of $500. We affirm.

A police officer entered defendants' store and purchased a pornographic movie. This officer had neither heard nor viewed the movie at any time. However, the box containing the movie...

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