Supreme Court of Louisiana, 1978

Spear v. State

Spear v. State
Supreme Court of Louisiana · Decided February 27, 1978 · Sanders, Summers
355 So. 2d 935; 1978 La. LEXIS 7164 (Southern Reporter, Second Series)

Spear v. State

Dissenting Opinion

SANDERS, C. J.,

dissents from the granting of the writ. Obscenity is tested by a community standard. The showing made is insufficient to justify disturbing the ruling of the trial judge.

Dissenting Opinion

SUMMERS, J.,

dissents. Based upon the community standards the trial judge in that community found “Oh! Calcutta!” to be an exhibition of hard core sexual conduct. In doing so he applied the requirements established by law. I therefore dissent from the granting of this writ and would not disturb the ruling of the trial judge. This court’s action is taken without a review of the evidence.

Opinion of the Court

In re: Dyke Spear, d/b/a Broadway Productions applying for writ of review and stay order. Calcasieu Parish.

Writ granted. Failing to have seen the play “Oh! Calcutta,” the trial judge erred in *936granting a preliminary injunction; accordingly, it is ordered that the injunction be vacated and set aside. See La.R.S. 14:106, La.R.S. 13:4711 et seq.

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