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STATE v. MARSHALL

859 S.W.2d 289 (1993)

STATE of Tennessee, Plaintiff-Appellee, v. Dudley W. MARSHALL and Carolyn A. Swanson, Defendants-Appellants.

Supreme Court of Tennessee, at Jackson.

Rehearing Denied August 2, 1993.

Attorney(s) appearing for the Case

Frierson M. Graves, Jr., Michael F. Pleasants, Heiskell, Donelson, Bearman, Adams, Williams & Kirsch, Memphis, for defendants-appellants.

Charles W. Burson, Atty. Gen. & Reporter, Jerry Smith, Deputy Atty. Gen., Joel W. Perry, Asst. Atty. Gen., Nashville, for plaintiff-appellee.

John E. Herbison, Donald E. Dawson, Nashville, for amicus curiae The Tennessee Ass'n of Criminal Defense Lawyers.

Michael A. Bamberger, Jacqueline S. Glassman, New York City, F. Clay Bailey, Barry Friedman, Nashville, for amici curiae American Booksellers Ass'n, et al.

OPINION

DROWOTA, Justice.

Permission to appeal has been granted to the Defendants-Appellants, Dudley W. Marshall and Carolyn A. Swanson, for the limited purpose of determining whether the statutes pursuant to which the Defendants were convicted of possession with intent to distribute obscene material (T.C.A. §§ 39-6-1101(5) and 39-6-1104(a)) violate Article I, Section 19 of the Tennessee Constitution.

The Defendants, who were employed as...

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