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TRINKLER v. STATE

SC 806.

299 So.2d 780 (1974)

In re James M. TRINKLER v. STATE. Ex parte James M. Trinkler.

Supreme Court of Alabama.

Rehearing Denied September 12, 1974.

Attorney(s) appearing for the Case

Ferris S. Ritchey, Jr., Birmingham, Robert Eugene Smith, Atlanta, Ga., for petitioner.

William J. Baxley, Atty. Gen. and Joseph G. L. Marston, III, Asst. Atty. Gen., for the State, respondent.

PER CURIAM.

Writ denied.

MERRILL, COLEMAN, HARWOOD, BLOODWORTH, MADDOX, McCALL and FAULKNER, JJ., concur.

HEFLIN, C. J., and JONES, J., dissent.

HEFLIN, Chief Justice (dissenting):

In the instant case, Trinkler was arrested on April 8, 1971 and convicted on June 28, 1971 for violating Title 14, Section 374(4), Alabama Code of 1940, as amended (Recompiled 1958) (Supp.1971), the 1961 obscenity statute. In Pierce v. State, 292 Ala. 473...

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