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STATE v. VIRTUE

No. 12A02-9503-CR-156.

658 N.E.2d 605 (1995)

STATE of Indiana, Appellant-Plaintiff, v. John VIRTUE, Appellee-Defendant.

Court of Appeals of Indiana.

Rehearing Denied April 26, 1996.

Attorney(s) appearing for the Case

Pamela Carter, Attorney General, Geoff Davis, Deputy Attorney General, Indianapolis, for appellant.

Richard Kammen, James T. Flanigan, McClure, McClure & Kammen, Indianapolis, for appellee.

OPINION

BAKER, Judge.

Today we decide whether the State has the right to regulate the distribution of videotapes containing obscene matter. Appellant State of Indiana appeals the trial court's order dismissing the indictment of appellee-defendant John Virtue, pursuant to IND. CODE § 35-49-3-1, for Distribution of Obscene Matter, a Class A misdemeanor. Specifically, the State argues that the trial court...

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