STATE v. MILLS

6 Div. 950.

176 So.2d 884 (1965)

STATE of Alabama v. James E. MILLS

Supreme Court of Alabama.

Rehearing Denied July 15, 1965.


Attorney(s) appearing for the Case

Emmett Perry, Circuit Sol., Birmingham, Richmond M. Flowers, Atty. Gen., and Leslie Hall, Asst. Atty. Gen., for appellant.

Alfred Swedlaw, Kenneth Perrine, Leader, Tenenbaum, Perrine & Swedlaw, Birmingham, for appellee.

Chas. Morgan, Jr., Birmingham, and Herbert S. Channick, New York City, for Civil Liberties Union, amici curiae.

Jas. C. Barton, Alan W. Heldman and Deramus & Johnston, Birmingham, for Alabama Press Ass'n, amici curiae.


LIVINGSTON, Chief Justice.

This is an appeal by the State of Alabama, under and by virtue of the provisions Sec. 370, Title 15, Code of Alabama 1940, from a judgment of the Jefferson County Criminal Court sustaining a demurrer to an amended criminal complaint, on the grounds that the statute on which the said criminal complaint was based, Sec. 285, Title 17, Code of 1940, is unconstitutional.

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