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Criminal Procedure Keyed to Allen
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Ballew v. Georgia
Citation:435 U.S. 223 (1978)
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Petitioner was the manager of an adult film theater and was charged with distributing obscene materials. After a jury of five persons had been selected and sworn, petitioner moved that the court use a jury of twelve persons, contending that a jury of only five was constitutionally inadequate to assess the contemporary standards of the community as relates to an obscenity trial. He argued that the Sixth and Fourteenth Amendments required a jury of at least six members in criminal cases.
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