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McKINNEY v. STATE

6 Div. 806-811.

254 So.2d 714 (1971)

Chester McKINNEY, Individually v. STATE of Alabama.

Supreme Court of Alabama.

November 18, 1971.

Attorney(s) appearing for the Case

Ferris S. Ritchey, Jr., Birmingham, Robert Eugene Smith, Towson, Md., for appellants.

William J. Baxley, Atty. Gen., and Charles H. Barnes, Asst. Atty. Gen., for the State.

PER CURIAM.

Chester McKinney owned and operated an "Adults Only" book store on 5th Avenue, North, in Birmingham, Alabama. The windows of the store were painted so that the items offered for sale were not visible except to those who entered the store. It does not appear that there was any type of promotion or advertising to stimulate the sales of the book store or any sales to minors.

On March 9, 1970, one D. H. Johnson, Chief Investigator for the Attorney...

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