State v. Griffith
This text of 174 Ohio St. (N.S.) 553 (State v. Griffith) is published on Counsel Stack Legal Research, covering Ohio Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
Section 2905.40, Revised Code, purporting to impose an absolute criminal liability upon one who operates or permits another to operate on his premises a picture machine exhibiting proscribed pictures without reference to guilty knowledge (scienter) or guilty purpose (mens rea) on the part of the accused is unconstitutional. City of Cincinnati v. Marshall, 172 Ohio St., 280; Smith v. California, 361 U. S., 147; State v. Warth, 173 Ohio St., 15; State v. Jacobellis, 173 Ohio St., 22.
The judgment of the Court of Appeals is reversed.
Judgment reversed.
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Cite This Page — Counsel Stack
174 Ohio St. (N.S.) 553, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-griffith-ohio-1963.