STATE v. GAMBINO, 349 So.2d 883 (La. 1977)

STATE OF LOUISIANA v. WARREN E. GAMBINO, JR.

No. 60671.Supreme Court of Louisiana.
September 23, 1977.

In re: Warren E. Gambino, Jr. applying for supervisory writ.

[1] Writ denied. There is no such irreparable injury shown as to justify the exercise of our supervisory jurisdiction, save however, that defendant is entitled to return of all copies of the controverted publication except one copy may be returned by the state for evidentiary purpose. [2] DIXON, J., dissents, being of the opinion a prior judicial determination of “obscenity” is essential before an arrest, because of the vagueness of the term “ultimate sexual acts”.

West Page 884