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SECTION 4 <br />FUNCTION OF JURY AND COURT IN OBSCENITY TRIAL. <br />(a) The jury represents a cross section of the <br />community and has a special aptitude for expressing the view of <br />the average person. As the trier of fact, it is the exclusive <br />judge of the common conscience of the community and the em- <br />bodiment of community standards. <br />(b) Where a jury question is presented, i.e., <br />that reasonable men may differ whether the subject matter or <br />conduct is obscene, the trial court shall have no power either <br />before, during, or after trial to dismiss an obscenity nro-- <br />ceeding on the ground that the subject matter, or conduct, is not <br />obscene as a matter of law, nor may an appelate court after trial <br />set aside an obscenity verdict on the same grounds if an exam-, <br />ination of the evidence indicates the verdict is supported by <br />sufficient evidence. <br />(c) Any dismissal by the trial court on such <br />grounds is appealable by the City of Batesville or any interested <br />citizen of Batesville. <br />PRESUMPTION. <br />SECTION 5 <br />Every person is presumed to have knowledge of the <br />standards that exist in the community and what the jury or trier <br />of fact may declare to be obscene. <br />