State v. Mazes
| Decision Date | 13 July 1966 |
| Docket Number | No. 39520,39520 |
| Parties | , 36 O.O.2d 121 The STATE of Ohio, Appellee, v. MAZES, Appellant. |
| Court | Ohio Supreme Court |
Appellant was indicted by the Hamilton County Grand Jury, brought to trial and convicted. His conviction was affirmed by the Court of Appeals.
Allowance of appellant's motion for leave to appeal brings this cause before this court for review and final disposition.
Melvin G. Rueger, Pros. Atty., and Michael M. Nikolin, Cincinnati, for appellee.
Brown, Schulzinger & Immerman, Allen Brown and George C. Katsanis, Cincinnati, for appellant.
A casual glance at the specimen of nudity displayed on the front cover and the depraved sex comments on the back cover of the book, 'Orgy Club' (see Ginzburg v. United States, 383 U.S. 463, 86 S.Ct. 942 & 969, 16 L.Ed.2d 31), appears sufficient to bring notice to appellant that he had in his possession and was offering for sale a book that was in probable violation of the provisions of Section 2905.34 of the Revised Code.
The obscene material found between the covers, viewed from any standpoint, is utterly without redeeming social value.
A Book v. Attorney General of Massachusetts (March 21, 1966) 383 U.S. 413, 86 S.Ct. 975, 16 L.Ed.2d 1, lays down three principles applicable to the case at bar:
'* * * three elements must coalesce: it must be established that (a) the dominant theme of the material taken as a whole appeals to a prurient interest in sex; (b) the material is patently offensive because it affronts contemporary community standards relating to the description or representation of sexual matters; and (c) the material is utterly without redeeming social value.'
Each of the foregoing elements is applicable to 'Orgy Club.'
Therefore, the judgment of the Court of Appeals is affirmed.
Judgment affirmed.
The indictment in this case charges an offense under Section 2905.34, Revised Code. It is an offense under that section to 'exhibit * * * in a place which may be within the view of a minor, any' book as described in the opinion of the court.
The evidence is undisputed that at the time the book was seized and the defendant was arrested, the book was on a rack on which a sign was placed reading, 'You must be over 21 to purchase one of these books.' However, the arresting officer testified, without objection, that ...
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...of Books, 197 Kan. 306, 416 P.2d 703 (1966); Mazes v. Ohio, 388 U.S. 453, 87 S.Ct. 2105, 18 L.Ed.2d 1315 (1967), reversing 7 Ohio St.2d 136, 218 N.E.2d 725 (1966); Schackman v. California, 388 U.S. 454, 87 S.Ct. 2107, 18 L.Ed.2d 1316 (1967); Potomac News Co. v. United States, 389 U.S. 47, 8......
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