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STATE v. CINEMA BLUE OF CHARLOTTE, INC.

No. 8926SC765.

392 S.E.2d 136 (1990)

98 N.C. App. 628

STATE of North Carolina v. CINEMA BLUE OF CHARLOTTE, INC., a North Carolina Corporation, aka Cinema Blue Adult Entertainment Center, aka Cinema Blue of Charlotte, aka Cinema Blue; Jim St. John; and Curtis Rene Peterson.

Court of Appeals of North Carolina.

June 5, 1990.

Attorney(s) appearing for the Case

Atty. Gen. Lacy H. Thornburg by Sp. Deputy Atty. Gen. Harold M. White, Jr., and Asst. Atty. Gen. Thomas J. Ziko, Raleigh, for the State.

Lee J. Klein, Okemos, Mich., for defendants, appellants.

Nelson Casstevens, Jr., Charlotte, for defendant, appellant Cinema Blue of Charlotte, Inc.

George Daly, Charlotte, for defendant, appellant Jim St. John.

Calvin Murphy, Charlotte, for defendant, appellant Curtis Rene Peterson.

HEDRICK, Chief Judge.

In their first two arguments on appeal, defendants contend the trial court erred in excluding expert testimony by Dr. Joseph Scott. Defendants sought to have Dr. Scott testify as to 1) the proper community standard for obscenity in Mecklenburg County and 2) the community acceptance of other sexually explicit materials "comparable" to those which defendants were convicted of disseminating. Defendants correctly point out that "appropriate expert...

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