Capri Adult Cinema Et Al. v. State

HARBISON, Justice. OPINION Petitioners, together with a co-defendant Earl L. Heath, were named in seven indictments, returned on February 21, 1973, charging them with violation of T.C.A. §§ 39-3003 et seq., a portion of the then obscenity laws of the state. After plea bargaining, petitioners entered a plea of guilty to one of the indictment s and expressly agreed for the trial court to fix the sentence. Sentence was imposed under this indictment, fixing separate fines upon the corporation and the individual petitioners. The latter also received a jail sentence, which was suspended.