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CITY OF FARMINGTON v. STANSBURY

No. 12927.

823 P.2d 342 (1991)

113 N.M. 100

CITY OF FARMINGTON, Plaintiff-Appellant, v. Gerald STANSBURY, Defendant-Appellee.

Court of Appeals of New Mexico.

November 13, 1991.

Attorney(s) appearing for the Case

Jay B. Burnham, Deputy City Atty., Farmington, James P. Mueller, Children's Legal Foundation, Phoenix, Ariz., for plaintiff-appellant.

Thomas J. Hynes, Hynes, Hale & Thrower, Farmington, for defendant-appellee.

OPINION

BLACK, Judge.

Prior to the initiation of this action, the City of Farmington (City) prosecuted defendant under Farmington Municipal Code, Section 21-50.1 (the Ordinance), for distributing two videotapes, "X-Dreams" and "Horny Housewives." The matter went to trial before a jury. The jury in that case returned a general verdict of not guilty.

The City then brought the present charges against defendant for distributing two other videotapes,...

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