Defendant William M. Wilkinson appeals his conviction by a jury of attempted obscenity in violation of La.R.S. 14:27 (attempt).
On June 23, 1983, Paul Landry of the New Orleans Police Department viewed a film at the French Quarter Theatre. The projectionist was Andrew Newman, who is not a defendant in these proceedings. On the basis of his observations, Landry obtained a search warrant for the film and returned to the theater the following evening, accompanied by Detective William Derbyshire. Defendant was the cashier and projectionist at the time. The policemen identified themselves and gave defendant a copy of the warrant. All of the theater’s patrons were asked to leave. At the time the officers entered the theatre, a movie other than the one described in the search warrant was being shown, Landry, accompanied by defendant, searched the projectionist’s booth. There were several reels of film on a table (called a “preparation” table) in the booth. Landry looked through them, found the reel he believed to be the movie he had previously seen, and asked defendant to run it on the projector. The defendant complied and was arrested for a violation of La.R.S. 14:106 when the officer determined that the film was the same.
Defendant was tried by a jury who found him guilty of attempted obscenity. He was sentenced to one year without hard labor, which was suspended and placed on two (2) years active probation. He is appealing on the ground that the state presented insufficient evidence to sustain his conviction.
The officers who arrested defendant did not see him show the film that was deter
Although Landry called this table a “preparation” table and implied that the film was to be shown later, this is clearly insufficient evidence to convict defendant. Jackson v. Virginia,
Although intent can be inferred from a defendant’s actions, the circumstantial nature of the inference would require a rejection of reasonable hypotheses of innocence. La.R.S. 15:438; State v. Washington,
For the foregoing reasons, defendant’s sentence and conviction are REVERSED.
REVERSED.
