Childress

A complaint was filed in the Sacramento Municipal Court charging the respondent, Frances Childress, with a violation of section 311.2 of the Penal Code (exhibition and distribution of obscene films).

Respondent filed notice of motions in the municipal court for an order suppressing the evidence, for an order dismissing the complaint, and for a municipal court review of the films.

The court reviewed the seized films, found them to be obscene and denied the motions to suppress the evidence and to dismiss the complaint. Respondent thereupon entered a plea of not guilty and demanded a trial by jury.

Thereafter, respondent filed a petition for writ of prohibition in the Sacramento County Superior Court, praying for an order restraining the municipal court and the district attorney from proceeding to trial, requesting the superior court to view the films “and determine that the declaration and memorandum ... in support of the warrant are insufficient on their face to support the issuance of a warrant under the Law as obscene,” and sought the return of the films. This petition was opposed by the district attorney, mainly on procedural grounds. The superior court viewed the…