State v. Gay Times, Inc., No. 52366
| Court | Supreme Court of Louisiana |
| Writing for the Court | TATE; SANDERS; SUMMERS; MARCUS; SUMMERS; MARCUS |
| Citation | 294 So.2d 496 |
| Parties | STATE of Louisiana, Appellee, v. GAY TIMES, INC., Appellant. |
| Docket Number | No. 52366 |
| Decision Date | 29 April 1974 |
Page 496
v.
GAY TIMES, INC., Appellant.
Rehearing Denied June 7, 1974.
Page 497
Michael Silvers, New Orleans, for appellant.
William J. Guste, Jr., Atty. Gen., Barbara Rutledge, Asst. Atty. Gen., Jim Garrison, Harry F. Connick, Dist. Attys., Louise Korns, Asst. Dist. Atty., for appellee.
TATE, Justice.
We previously affirmed the conviction of the defendant. State v. Gay Times, Inc., 274 So.2d 162 (1973). In that opinion, we rejected the contention of the defendant that La.R.S. 14:106, subd. A(2) was unconstitutional. This statute defines obscenity as the intentional 'production, sale, exhibition, gift, or advertisement (of publications, motion pictures, etc.) with the intent to primarily appeal to the prurient interest of the average person * * *'.
The United States Suprame Court granted the defendant's petition for writ of certiorari, vacated the conviction, and remanded the case to this court for our further consideration in the light of Miller v. California, 413 U.S. 15, 93 S.Ct. 2607, 37 L.Ed.2d 419 (1973), and related decisions. Gay Times, Inc. v. Louisiana, 414 U.S. 994, 94 S.Ct. 346, 38 L.Ed.2d 232 (1973). This was identical to the earlier action of the United States Supreme Court in reversing this court's earlier upholding of the constitutionality of the cited obscenity statute in State v. Gulf States Theatres of La., Inc., La., 270 So.2d 547 (1972), judgment vacated and case remanded to this court, 413 U.S. 913, 93 S.Ct. 3063, 37 L.Ed.2d 1037 (1973).
On the remand in the latter decision, applying the mandate of the United States Supreme Court, we held the cited obscenity statute unconstitutional. State v. Gulf States Theatres of La., Inc., 287 So.2d 496 (1973). See, also, State v. Shreveport News Agency, Inc., La., 287 So.2d 464 (1973); State v. McNutt, La., 287 So.2d 478 (1973); Gulf States Theatres of La., Inc. v. Richardson, La., 287 So.2d 480 (1973).
For the reasons assigned in these decisions, which held the obscenity statute upon which this prosecution is based to be unconstitutional in the light of the mandate of the United States Supreme Court, the conviction and sentence of the defendant are set aside and the defendant is ordered discharged.
Conviction set aside pursuant to mandate of the United States Supreme Court.
SANDERS, C.J., dissents for the reasons assigned in his dissent in State v. Shreveport News Agency,...
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State v. Todd, No. 54022
...This holding has been repeated in the following cases: State v. McNutt, 287 So.2d 478 (La.1973), and Stae v. Gay Times, Inc., La., 294 So.2d 496, decided April 29, The argument is made in the instant case that this defendant was informed, in answer to a bill of particulars, that the prosecu......
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State v. Defrances, No. 59846
...See State v. Christine, 239 La. 259, 118 So.2d 403 (1960); State v. Shreveport News Agency, 287 So.2d 464 (1973); State v. Gay Times, 294 So.2d 496 Fulmer, supra, and Willis, supra (which affirmed Fulmer ) also should not control. At issue there was whether, in R.S. 14:92(7) (contributing t......
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State v. Johnson, No. 54024
...This holding has been repeated in the following cases: State v. McNutt, 287 So.2d 478 (La.1973), and State v. Gay Times, Inc., La., 294 So.2d 496, decided April 29, The argument is made in the instant case that these defendants were informed, in answer to a bill of particulars, that the pro......
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State v. Hungerford, No. 54023
...This holding has been repeated in the following cases: State v. McNutt, 287 So.2d 478 (La.1973), and State v. Gay Times, Inc., La., 294 So.2d 496, decided April 29, The argument is made in the instant case that this defendant was informed, in answer to a bill of particulars, that the prosec......
-
State v. Todd, No. 54022
...This holding has been repeated in the following cases: State v. McNutt, 287 So.2d 478 (La.1973), and Stae v. Gay Times, Inc., La., 294 So.2d 496, decided April 29, The argument is made in the instant case that this defendant was informed, in answer to a bill of particulars, that the prosecu......
-
State v. Defrances, No. 59846
...See State v. Christine, 239 La. 259, 118 So.2d 403 (1960); State v. Shreveport News Agency, 287 So.2d 464 (1973); State v. Gay Times, 294 So.2d 496 Fulmer, supra, and Willis, supra (which affirmed Fulmer ) also should not control. At issue there was whether, in R.S. 14:92(7) (contributing t......
-
State v. Johnson, No. 54024
...This holding has been repeated in the following cases: State v. McNutt, 287 So.2d 478 (La.1973), and State v. Gay Times, Inc., La., 294 So.2d 496, decided April 29, The argument is made in the instant case that these defendants were informed, in answer to a bill of particulars, that the pro......
-
State v. Hungerford, No. 54023
...This holding has been repeated in the following cases: State v. McNutt, 287 So.2d 478 (La.1973), and State v. Gay Times, Inc., La., 294 So.2d 496, decided April 29, The argument is made in the instant case that this defendant was informed, in answer to a bill of particulars, that the prosec......