(a) The court shall conduct the trial in accordance with the rules of civil procedure applicable to the trial of cases by the court without a jury.
(b) The court shall receive evidence at the trial, including the testimony of experts, pertaining, but not limited, to:
(1) whether, to the average person, applying contemporary community standards, the dominant theme of the mailable matter taken as a whole is to prurient interest;
(2) the artistic, literary, scientific and educational merits of the mailable matter considered as a whole;
(3) the intent of the author and publisher in preparing, writing and publishing the mailable matter;
(4) the appeal to prurient interest, or absence thereof, in advertising or other promotion of the mailable matter.
Laws 1968, c. 121, § 8, emerg. eff. April 4, 1968.
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