Enskat

This is a pornography case, here on certification by, the Appellate Department of the Superior Court of Los Angeles County on its own motion. When we accepted the case and ordered it transferred here, we did so primarily to decide whether the municipal court erred in instructing the jury that it could disregard expert testimony of community standards if it found that the conduct in question was so patently offensive as to violate any conceivable community standard.

That question and other issues previously presented in the appeal have now been overshadowed by a new contention that Penal Code sections 311 and 311.2 are unenforceable as a result of decisions of the United States Supreme Court handed down on June 21, 1973. We proceed now to discuss that contention and deal subsequently in this opinion with the earlier raised issues.

Appellant Werner Enskat was convicted by a municipal court jury of violating Penal Code section 311.2.

The conviction arose from his exhibition of what was alleged to be an obscene sound motion picture entitled, “The Collection.” The applicable part of section 311.2 provides, “. . . Every person who . . . possesses . . . with intent to . . .…