HAROLD WASSERMAN, PETITIONER-APPELLANT,
v.
THE MUNICIPAL COURT OF THE ALHAMBRA JUDICIAL DISTRICT, RESPONDENT-APPELLEE

9th Cir. | 1971-11-04
No. 26757
449 F.2d 787 United States Court of Appeals for the Ninth Circuit (1971) Caution
Cited by 7 cases

Opinion of the Court
PER CURIAM:

PER CURIAM:

Appeal from an order denying a petition for a writ of habeas corpus. As we have held that we are required to do, we have made our own “independent, de novo constitutional judgment * * * as to whether the [advertising leaflet] involved is constitutionally protected.” (Childs v. Oregon, 9 Cir., 1970, 431 F. 2d 272, 275). We agree with the District Judge that the leaflet was properly found by the California courts to fall within the three part definition of obscenity stated in Redrup v. New York, 1967, 386 U.S. 767, 770-771, 87 S.Ct. 1414, 18 L.Ed.2d 515, and in Cal.Penal Code § 311(a). See also Ginzburg v. United States, 1966, 383 U.S. 463, 86 S.Ct. 942, 16 L.Ed.2d 31.

Affirmed.


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