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

Ewart (D) was a newspaper vendor and sold a copy of a paper containing obscene matter. At trial, D claimed that he honestly did not know that the obscene material was in the paper. The prosecution claimed that the anti-obscenity law was strict liability. The defense claimed that the prosecution was burdened to show that D knew what he was selling. D was convicted and appealed.

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Legal analysis from Dean's Law Dictionary will be displayed here.