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ALEXANDER v. COMMONWEALTH

186 S.E.2d 43 (1972)

212 Va. 554

Howard ALEXANDER et al. v. COMMONWEALTH of Virginia.

Supreme Court of Virginia.

January 17, 1972.

Attorney(s) appearing for the Case

Stanley M. Dietz, Washington, D.C. (James B. Power, Norfolk, on brief), for plaintiffs in error.

James E. Kulp, Asst. Atty. Gen. (Andrew P. Miller, Atty. Gen., on brief), for defendant in error.

Before SNEAD, C. J., and I'ANSON, CARRICO, GORDON, HARRISON, COCHRAN and HARMAN, JJ.

PER CURIAM.

Pursuant to Code § 18.1-236.3, the Commonwealth's attorney for the City of Portsmouth petitioned the trial court to adjudge certain magazines to be obscene. On August 3, 1970, a motion to dismiss was filed alleging that the statute is unconstitutional as being repugnant to the First Amendment to the Constitution of the United States. On November 4 and 5, 1970, the case was heard on its merits, and on December 5, 1970, the court entered an order adjudging...

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