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SMITH v. CALIFORNIA

No. 9.

361 U.S. 147 (1959)

80 S.Ct. 215

4 L.Ed.2d 205

SMITH v. CALIFORNIA.

Supreme Court of United States.

Decided December 14, 1959.

Attorney(s) appearing for the Case

Stanley Fleishman and Sam Rosenwein argued the cause and filed a brief for appellant.

Roger Arnebergh argued the cause for appellee. With him on the brief was Philip E. Grey.

A. L. Wirin and Fred Okrand filed a brief for the American Civil Liberties Union, as amicus curiae, urging reversal.

MR. JUSTICE BRENNAN delivered the opinion of the Court.

Appellant, the proprietor of a bookstore, was convicted in a California Municipal Court under a Los Angeles City ordinance which makes it unlawful "for any person to have in his possession any obscene or indecent writing. [or] book . . . [i]n any place of business where . . . books . . . are sold or kept for sale."1 The offense was defined by the Municipal Court, and by the Appellate...

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