State v. Roufa

129 So. 2d 743 (1961)

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Nature Of The Case

This section contains the nature of the case and procedural background.

Facts

D's Obscenity Statute recites: 'Obscenity is the intentional: 'Production, sale, exhibition, possession with intention to display, exhibit, or sell, or the advertisement of, any obscene, lewd, lascivious, filthy, or sexually indecent print, picture, motion picture, written composition, model, instrument, contrivance or thing of whatsoever description.' P was charged with a bill of information and averred that it failed to allege an offense, that the statute was unconstitutional, in violation of the Constitution, that the statute was declared unconstitutional by the Supreme Court of Louisianna, and that the bill of information was so vague, general and obscure as to prevent D from answering the charge. The court ruled in D’s favor holding that the statute lacked scienter and was in violation of the First and Fourteenth Amendments using Smith v. People of State of California as authority. P appealed claiming the statute requires that the proscribed acts shall be done intentionally or with general criminal intent.

Issues

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Holding & Decision

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Legal Analysis

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