Campise

Defendant was found guilty after a trial by the court on a charge of knowingly exhibiting obscene motion pictures in violation of Penal Code, section 311.2.

Defendant appeals on the grounds that the films in evidence were first exposed to police officers during a wrongful search; that the films were, in any event, illegally seized by the officers, without any warrant, and without any prior judicial determination of obscenity; that the evidence did not establish an exhibition of the films; that in fact and law the films are not obscene; and, finally, that the evidence did not establish that defendant knew the material was obscene.

At the time of the offense defendant owned and operated a small business in downtown San Diego in which he sold clothing and secondhand books and magazines. In a back room of the store were booths containing six “peep-show” machines, four of which projected the rolls of 16 millimeter movie film which were received in evidence. There was a seat by each machine. The projectors were coin operated, either a dime or a quarter (in different machines) permitting two minutes of viewing. 1 Although the door into the back room *908 was curtained, the defendant…