Supreme Court of Missouri, 1988

State v. Cooley

State v. Cooley
Supreme Court of Missouri · Decided July 26, 1988 · Blackmar, McKinney, Welliver
756 S.W.2d 531; 1988 Mo. LEXIS 113; 1988 WL 79874 (South Western Reporter, Second Series)

State v. Cooley

Opinion of the Court

ORDER

Valerie Cooley was convicted of promoting pornography in the second degree in violation of section 573.030, RSMo 1978, and was assessed a fine of $300. The Court of Appeals, Southern District, transferred the appeal to this Court before opinion for consideration of a challenge to the validity of sections 573.010 and 573.030, RSMo 1978.

*532The appeal is retransferred to the Court of Appeals, Southern District, for consideration under Pope v. Illinois, 481 U.S. 497, 107 S.Ct. 1918 (1987), and State v. McKinney, 756 S.W.2d 527 (Mo. banc 1988).

WELLIVER and BLACKMAR, JJ., dissent per dissenting opinion in State v. McKinney.

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