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STATE v. HARROLD

No. S-97-1167.

593 N.W.2d 299 (1999)

256 Neb. 829

STATE of Nebraska, Appellee, v. Scott A. HARROLD, Appellant.

Supreme Court of Nebraska.

May 7, 1999.

Attorney(s) appearing for the Case

Dennis R. Keefe, Lancaster County Public Defender, and Robert G. Hays, Lincoln, for appellant.

Don Stenberg, Attorney General, and Marilyn B. Hutchinson, Lincoln, for appellee.

Bruce A. Taylor, Paul J. McGeady, and Robin S. Whitehead, for amici curiae Senator James Exon, Retired; National Law Center for Children and Families, Inc.; and Morality in Media, Inc.

WRIGHT, CONNOLLY, GERRARD, STEPHAN, and McCORMACK, JJ.

GERRARD, J.

I. NATURE OF CASE

Scott A. Harrold was, pursuant to jury verdict, adjudged guilty in the Lancaster County Court of producing or distributing obscene material, in violation of Neb.Rev. Stat. § 28-813(1) (Reissue 1995), and the county court fined Harrold $1,000. On appeal, the district court affirmed the conviction and fine, but the Nebraska Court of Appeals reversed the conviction and dismissed the case, based on its determination that the...

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