301 N.E.2d 694
Nos. 71-736 and 71-737Supreme Court of Ohio.
Decided September 26, 1973.
Criminal procedure — Exhibiting obscene motion picture film — Evidence — Seizure of film — Conviction reversed, when.
APPEALS from the Court of Appeals for Franklin County.
ON REMAND from the Supreme Court of the United States.
Appellants in these two appeals were convicted in the Franklin County Municipal Court of unlawfully and knowingly exhibiting obscene motion picture films. In both cases police officers entered the theaters, viewed segments of the films and arrested appellants and seized one copy of the film. Warrants were not obtained by police prior to either seizure.
The Court of Appeals affirmed the judgments of conviction and this court affirmed the judgments of the Court of Appeals (31 Ohio St.2d 27).
Upon appellants’ appeal to the Supreme Court of the United States, that court vacated this court’s judgments and remanded the causes for further consideration in light of Miller v California (1973), 37 L. Ed. 2d 419; Paris Adult Theatre I v Slaton (1973), 37 L. Ed. 2d 446; Kaplan v. California (1973), 37 L. Ed. 2d 492; United States v. 12 200-Ft. Reels of Super 8mm. Film (1973), 37 L. Ed. 2d 500; United States v. Orito (1973), 37 L. Ed. 2d 513; Heller v. New York (1973), 37 L. Ed. 2d 745 Roaden v. Kentucky (1973), 37 L. Ed. 2d 757; and Alexander v Virginia (1973), 37 L. Ed. 2d 993.
Page 223
Mr. James J. Hughes, Jr., city attorney, Mr. Carl T. Wolfrom
and Mr. Daniel W. Johnson, for appellees.
Mr. James R. Willis, for appellants.
Per Curiam.
By reason of the holding and mandate of the Supreme Court of the United States in Roaden v. Kentucky (1973), 37 L. Ed. 2d 757, which this court is required to follow, the judgments of the Court of Appeals must be reversed.
Judgments reversed.
O’NEILL, C.J., HERBERT, CORRIGAN, STERN, CELEBREZZE, W. BROWN and P. BROWN, JJ., concur.