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STATE v. COOLEY

No. 14793.

766 S.W.2d 133 (1989)

STATE of Missouri, Plaintiff-Respondent, v. Valerie COOLEY, Defendant-Appellant.

Missouri Court of Appeals, Southern District, Division Two.

March 1, 1989.

Attorney(s) appearing for the Case

Errol Copilevitz, Richard E. Standridge, Copilevitz, Bryant, Gray & Jennings, Kansas City, for defendant-appellant.

William J. Fleischaker, David C. Dally, Joplin, for plaintiff-respondent.

MAUS, Judge.

The defendant was convicted of promoting pornography in the second degree. § 573.030, RSMo 1978 (now repealed). The statutes under which she was convicted defined the third element of pornography as "applying contemporary community standards: ... It lacks serious literary, artistic, political or scientific value." § 573.010(1)(c), RSMo 1978, (now repealed). She contends her conviction was invalid because Pope v. Illinois,

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