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People v. Hildebrandt

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eBook details

  • Title: People v. Hildebrandt
  • Author : Colorado Supreme Court
  • Release Date : January 05, 1975
  • Genre: Law,Books,Professional & Technical,
  • Pages : * pages
  • Size : 53 KB

Description

Between November 15, and December 6, 1974, the defendants, James A. Hildebrandt, Suzanne M. Hildebrandt, and Renegade Royale, Ltd., were charged in two indictments and in a seventeen-count information with promoting obscenity, in violation of 1971 Perm. Supp., C.R.S. 1963, 40-7-102. Thereafter, motions to dismiss were filed by the defendants alleging that the definition of "obscenity" contained in 1971 Perm. Supp., C.R.S. 1963, 40-7-101 and 102 was vague and overly broad and failed to give adequate notice as to the prohibited conduct. The motions to dismiss asserted an encroachment upon liberties protected by the United States Constitution and the Colorado Constitution. U.S. Const. amends. I and XIV; Colo. Const. Art. II, Sec. 10. The motions to dismiss were granted by the three district judges in Pueblo County. The sole issue on appeal is whether the district courts erred in holding that 40-7-102 is unconstitutional.


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