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The magistrate to whom any of the prohibited articles are delivered pursuant to Section 9.12.160, upon the examination of the accused, or if the examination is delayed or prevented, without awaiting such examination, shall determine the character of such article and if he finds it to be obscene or tends to corrupt the morals of the youth, as the case may be, he must deliver one copy to the prosecuting attorney of the City and shall at once impound all the other copies until the defendant is acquitted, the prosecution abandoned or the time for an appeal has elapsed, or in case of an appeal, until the matter is finally adjudicated by the appropriate appellate court, and then he shall cause them to be destroyed or returned to the accused, as the case may be. (Prior code § 17-26)