Supreme Court of Louisiana, 1974

State v. Wyman

Supreme Court of Louisiana · Decided February 4, 1974 · Barham, Dixon, Pendency, Sanders, Summers, Supreme, View

288 So. 2d 651; 1974 La. LEXIS 3128 (Southern Reporter, Second Series)

Opinion of the Court

In re: Conrad H. Wyman applying for Writs of Certiorari, Prohibition, Mandamus and for Stay Order.

ORDER

In another case this Court has approved a stay order until February 15, 1974 to permit the United States Supreme Court, if it sees fit, to grant an additional stay order. Because of the pending action of the United States Supreme Court, the assignment of this case for trial on February 19 is cancelled and set aside.

SANDERS, C. J., concurs in view of the pendency of the case in the United States Supreme Court.

Concurring Opinion

DIXON, J.,

concurs. The stay in the other obscenity case was improvidently granted and should be recalled. R.S. 14:106 has been declared unconstitutional by final judgment of this Court and there must be no prosecutions under that statute.

Dissenting Opinion

SUMMERS, J.,

is of the opinion the writ should be denied. During the life of the stay order the laws of obscenity are in full force and effect in this State.

Concurring Opinion

BARHAM, J.,

concurs, being of the opinion that no prosecutions may be had under R.S. 14:106(2) and (3), notwithstanding the so called “stay order”.

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