JOHN H. KEHL, AS TRUSTEE FOR KELDA LAND TRUST, APPELLANT,
v.
ROBERT FEWELL, APPELLEE

Fla. 3d DCA | 1969-06-10
No. 69-300
Before CHARLES CARROLL, C. J., and HENDRY and SWANN, JJ.
224 So. 2d 706 Florida District Court of Appeal, Third District (1969) Positive Treatment
Cited by 8 cases

Opinion of the Court
PER CURIAM.

PER CURIAM.

Affirmed on authority of State ex rel. Weber v. Register, Fla.1953, 67 So.2d 619.


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  • Rhodes v. State, 283 So. 2d 351 (Fla. 1973)
    …yland, 380 U.S. 51, 57-59, 85 S.Ct. 734, 13 L.Ed.2d 649 (1965). . This Court had previously recognized the “amplification” principle in 1969 in State v. Reese, 222 So. 2d 732, 734 (Fla.1969), quoted in So. Fla. Art Theatres v. State ex rel. Mounts, 224 So. 2d 706, 709 (Fla.App.1st, 1970). .“The basic guidelines for the trier of fact must be: (a) whether ‘the average person, applying contemporary community standards’ would find that the work, taken as a whole, appeals to the prurient interest. Kois v. Wisco…
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  • Balint Papp v. State, 281 So. 2d 600 (Fla. 4th DCA 1973)
    …patently offensive when measured by contemporary community standards relating to the description or representation of sexual conduct, and was without redeeming social value. See South Florida Art Theaters, Inc. v. State ex rel. Mounts, Fla.App.1969, 224 So. 2d 706, 709 and citations therein set forth. When the magazine involved in the present case is gauged by the foregoing criteria, there can be no question that a jury or judge sitting as trier of fact could lawfully find the same to be obscene within the co…
  • State v. Balint Papp, 298 So. 2d 374 (Fla. 1974)
    …uashed and remanded, with instructions to reinstate the judgment and sentence previously imposed. It is so ordered. ROBERTS, McCAIN and DEKLE, JJ., concur. ADKINS, C. J., and ERVIN, J., dissent. . Papp v. State, 281 So. 2d 600 (Fla.App.1973). . 224 So. 2d 706 (Fla.App.1969). . 413 U.S. 15, 93 S.Ct. 2607, 37 L.Ed.2d 419 (1973). . “847.011 Prohibition of certain acts in connection with obscene, lewd, etc., materials ; penalty.— “(l)(a) A person who knowingly . has in his possession, custody, or control…

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