District of Columbia Court of Appeals, 1973

Kaplan v. United States

Kaplan v. United States
District of Columbia Court of Appeals · Decided November 21, 1973 · Kern, Gallagher, Hood
311 A.2d 506; 1973 D.C. App. LEXIS 390 (Atlantic Reporter, Second Series)

Kaplan v. United States

Opinion

PER CURIAM:

The Supreme Court of the United States vacated the judgment this court had entered in this case on May 10, 1971, in an opinion reported at 277 A.2d 477, which had affirmed appellant’s conviction for presenting an obscene film in a “peep-show” machine, and remanded the case for our further consideration in light of its recent decisions dealing with obscenity. See — U.S. —, 93 S.Ct. 3030, 37 L.Ed.2d 1022 (1973).

After reviewing the record and briefs filed at the time of the argument and considering the supplemental memoranda we permitted the parties to file after the Supreme Court’s mandate to us and the decisions cited in such mandate we reinstate our judgment affirming appellant’s conviction for violation of D.C.Code 1973, § 22-2001 and reaffirm our prior opinion.

So ordered.

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