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THE STATE OF OHIO [CITY OF AKRON], APPELLANT, v. THOMAS, APPELLEE.

Criminal law — Pandering obscenity — R.C. 2907.32 and 2907.01(F) — Constitutionality.

Per Curiam.

The judgment of the Court of Appeals is reversed on authority of and for the reasons stated in State v. Burgun (1978), 56 Ohio St.2d 354, wherein this court held, in paragraph one of the syllabus, that "R.C. 2907.01(F), which sets forth the definition of `obscenity,' is neither unconstitutionally overbroad nor void for vagueness when it is authoritatively construed to incorporate the guidelines prescribed in Miller v. California, 413 U.S. 15."

Judgment reversed.

CELEBREZZE, C.J., HERBERT, KEEFE, P. BROWN, SWEENEY, POTTER and HOLMES, JJ., concur.

KEEFE, J., of the First Appellate District, sitting for W. BROWN, J.

POTTER, J., of the Sixth Appellate District, sitting for LOCHER, J.

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STATE v. THOMAS
(Mar 21, 1979)