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Harold WASSERMAN, Petitioner-Appellant,
v.
the MUNICIPAL COURT OF the ALHAMBRA JUDICIAL DISTRICT, Respondent-Appellee
v.
the MUNICIPAL COURT OF the ALHAMBRA JUDICIAL DISTRICT, Respondent-Appellee
26757_1.
Court of Appeals for the Ninth Circuit.
Dec 3, 1971.
449 F.2d 787
Edwin M. Rosendahl (argued), Beverly Hills, Cal., for petitioner-appellant., Robert Lederman, Deputy Dist. Atty. (argued), Joseph P. Busch, Jr., Dist. Atty., of L. A., Los Angeles, Cal., for respondent-appellee.
Barnes, Duniway, Per Curiam, Wright.
Cited by 7 opinions | Published
PER CURIAM:
Appeal from an order denying a petition for a writ of habeas corpus. As we have held that we are required to do, we have made our own “independent, de novo constitutional judgment * * * as to whether the [advertising leaflet] involved is constitutionally protected.” (Childs v. Oregon, 9 Cir., 1970, 431 F.2d 272, 275). We agree with the District Judge that the leaflet was properly found by the California courts to fall within the three part definition of obscenity stated in Redrup v. New York, 1967, 386 U.S. 767, 770-771, 87 S.Ct. 1414, 18 L.Ed.2d 515, and in Cal.Penal Code § 311(a). See also Ginzburg v. United States, 1966, 383 U.S. 463, 86 S.Ct. 942, 16 L.Ed.2d 31.
Affirmed.