McKINNEY v. ALABAMA

No. 74-532.

424 U.S. 669 (1976)

McKINNEY v. ALABAMA.

Supreme Court of United States.

Decided March 23, 1976.


Attorney(s) appearing for the Case

Robert Eugene Smith argued the cause for petitioner. With him on the brief was Gilbert H. Deitch.

Joseph G. L. Marston III, Assistant Attorney General of Alabama, argued the cause for respondent. With him on the brief was William J. Baxley, Attorney General.*


MR. JUSTICE REHNQUIST delivered the opinion of the Court.

Petitioner was convicted of selling material which had been judicially declared obscene. At his trial he was not permitted to litigate the obscenity vel non of the publication which was the basis of his prosecution, even though he had not been a party to the earlier civil adjudication in which it was held obscene. We granted certiorari, 422 U.S. 1040 (1975), to consider whether this procedure comported...

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