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TRINKLER v. STATE

3 Div. 124.

282 So.2d 344 (1973)

James M. TRINKLER, alias v. STATE.

Court of Criminal Appeals of Alabama.

Rehearing Denied July 26, 1973.

Attorney(s) appearing for the Case

Ferris S. Ritchey, Jr., Birmingham, Robert Eugene Smith, Towson, Md., D. Freeman Hutton, Atlanta, Ga., for appellant.

William J. Baxley, Atty. Gen., John A. Yung IV, and Don. C. Dickert, Asst. Attys. Gen., for the State.

CATES, Presiding Judge.

Obscene printed matter: fine, $2,000.00 and jail sentence of one year.

It was stipulated, inter alia,

"11. That there had been no prior adversary hearing on the obscenity of the publications vel non before the issuance of the warrant and the arrest of the Defendant.

"12. That there has been no equitable proceeding as provided under Title 14, Section 374(5) of the Code of Alabama of 1940, as amended, before the issuance...

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