Mohney v. State, 300 N.E.2d 678

PER CURIAM.

The defendant-appellants (Mohney and Geraghty) were convicted by a jury of “knowingly selling and offering to sell obscene literature and devices” as defined by IC XX-XX-XX-X, Ind. Ann. Stat. § 10-2803 (Burns 1972).

We reverse the judgment and conviction and remand to the trial court for the purpose of discharging the defendants Mohney and Geraghty. Our authorities for doing so are the recent cases of Stroud v. State, Ind.Sup.Ct., 300 N.E.2d 100, decided August 21, 1973, and Mohney v. State, Ind. Sup.Ct., 300 N.E.2d 66, decided August 21, 1973, both of which declare the statute in question unconstitutional.

Reversed and remanded.

Case Details

Case Name: Mohney v. State

Court Name: Indiana Court of Appeals

Date Published: Sep 4, 1973

Citations: 300 N.E.2d 678; 172A23

Docket Number: 172A23

Court Abbreviation: Ind. Ct. App.