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BALLEW v. STATE

SC 480.

296 So.2d 206 (1974)

In re Claude David BALLEW v. STATE of Alabama. Ex parte Claude David Ballew.

Supreme Court of Alabama.

Rehearing Denied June 6, 1974.

Attorney(s) appearing for the Case

Ferris S. Ritchey, Birmingham, Robert Eugene Smith, D. Freeman Hutton, Atlanta, Ga., for petitioner.

William J. Baxley, Atty. Gen., George M. Van Tassel, Jr., Asst. Atty. Gen., and Francis A. Poggi, Jr., Sp. Asst. Atty. Gen., for the State.

HARWOOD, Justice.

The appellant operated an "Adults Only" book store in Mobile. As a result of a sale of a magazine entitled "Penelope, Issue No. 1" he was indicted for selling hard-core pornography. His trial resulted in a verdict of guilty, the jury imposing a fine of $500.00. The court imposed an additional punishment of hard labor for Mobile County for one year.

The Court of Criminal Appeals affirmed the judgment without an opinion. The appellant duly...

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