STATE v. BURTON

No. 48189.

349 S.W.2d 228 (1961)

STATE of Missouri, Respondent, v. Robert Clay BURTON, Appellant.

Supreme Court of Missouri, Division No. 1.

September 11, 1961.


Attorney(s) appearing for the Case

Thomas F. Eagleton, Atty. Gen., William L. Hungate, Sp. Asst. Atty. Gen., Jefferson City, for respondent.

Morris A. Shenker, Bernard J. Mellman, St. Louis, for appellant.


HOUSER, Commissioner.

This is a prosecution in which defendant Robert Clay Burton was charged with unlawfully possessing and selling an obscene magazine containing writings, pictures and photographs of an indecent, immoral and scandalous character. Tried to the St. Louis Court of Criminal Correction without a jury, defendant was found guilty and fined $100. He has appealed from the judgment of conviction.

By motion to dismiss the information appellant questioned...

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