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Grassi (D) was indicted for the interstate transportation of obscene materials, pornographic films. The prosecution wanted to show the jury these films to prove the obscenity element of the crime. D objected to the prejudicial effect that the obscenity of these films would have on his client. The trial court partially overruled D's objection and allowed the jury to see three of the films. The films showed bizarre and repulsive sex acts and also were very repetitive. D was convicted and appealed on the grounds the films should have been excluded since their probative value was substantially outweighed by their prejudicial effect.

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