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STATE v. SMITH

No. 163A88.

373 S.E.2d 435 (1988)

323 N.C. 439

STATE of North Carolina v. Ernest Eugene SMITH, III. STATE of North Carolina v. David Michael SCHOCH.

Supreme Court of North Carolina.

November 3, 1988.

Attorney(s) appearing for the Case

Lacy H. Thornburg, Atty. Gen. by Thomas J. Ziko, Asst. Atty. Gen., Raleigh, for State.

James, McElroy & Diehl, P.A. by Edward T. Hinson, Jr., Charlotte, for defendant-appellant Smith.

Ferguson, Stein, Watt, Wallas, and Adkin, P.A. by John W. Gresham, Charlotte, for defendant-appellant Schoch.

FRYE, Justice.

The dispositive issue presented on this appeal is whether the Court of Appeals erred when it affirmed the convictions of both defendants, holding that they were properly convicted of separate offenses arising out of the dissemination of each item determined by the jury to be obscene. The issue presented is one of first impression before this Court. The Court of Appeals decided that in enacting N.C.G.S. § 14-190.1 the legislature intended that a...

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