Mohney v. State

Harry Virgil MOHNEY and Donald Geraghty, Defendants-Appellants, v. STATE of Indiana, Plaintiff-Appellee.

Indiana Court of Appeals

Decided September 4, 1973.

Indiana Court of Appeals · decided 1973-09-04

Relies on Stroud v. State · Mohney v. State

Good law ✅— No negative treatment on recordhow we know

Decided 1973-09-04

How this case has been cited

Cited by 24 later decisions — most recently June 2011

4 federal appellate · 18 state decisions

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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¶1Robert Eugene Smith, Baltimore, Md., Gilbert H. Deitch, Atlanta, Ga., Arnold Baratz, Indianapolis, for appellants.

¶2PER CURIAM.

¶3The 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).

¶4We 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.

¶5Reversed and remanded.