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STATE v. YABE

No. 1 CA-CR 1822.

114 Ariz. 89 (1977)

559 P.2d 209

The STATE of Arizona, Appellee, v. Kenji YABE, Appellant.

Court of Appeals of Arizona, Division 1, Department A.

January 6, 1977.

Attorney(s) appearing for the Case

Andy Baumert, Phoenix City Atty., by William S. Chick, Asst. City Prosecutor, Phoenix, for appellee.

Marvin W. Manross, Phoenix, for appellant.

OPINION

OGG, Judge.

In this appeal we are called upon to determine the constitutionality of the scienter requirement of ARS § 13-532 which prohibits the knowing publication, sale or distribution of obscene materials.

Appellant/defendant Kenji Yabe was found guilty in Phoenix City Court of selling an obscene item in violation of ARS § 13-532, following a jury trial in August, 1975. Yabe appealed and was again found guilty of the charge following...

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