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STATE v. AMERICAN THEATRE CORPORATION

No. 39622.

227 N.W.2d 390 (1975)

193 Neb. 289

STATE of Nebraska, Appellee, v. AMERICAN THEATRE CORPORATION, a corporation, d/b/a "Pussy Cat Theater", Appellant.

Supreme Court of Nebraska.

March 13, 1975.

Attorney(s) appearing for the Case

Stern, Harris, Feldman, Becker & Thompson, Omaha, Robert Eugene Smith, Baltimore, Md., Gilbert H. Deitch, Atlanta, Ga., for appellant.

Clarence A. H. Meyer, Atty. Gen., Ralph H. Gillan, Asst. Atty. Gen., Lincoln, for appellee.

Heard before SPENCER, BOSLAUGH, McCOWN, NEWTON, CLINTON and BRODKEY, JJ.

SPENCER, Justice.

Defendant appeals its conviction on four separate counts of selling obscene magazines. Defendant attacks the statute for vagueness and overbreadth; and contends that the requisite element of scienter was not charged nor proven; that the publications are not obscene as a matter of law; and that the trial court erred by improperly instructing the jury on the definition of obscenity and the standards by which...

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