LEIGH v. STATE EX REL. KIRKPATRICK

No. U-84.

298 So.2d 215 (1974)

Jesse H. LEIGH, As County Court Judge, Division "H" in the County Court of Duval County, Florida, Appellant, v. STATE of Florida ex rel. Joann KIRKPATRICK, Appellee.

District Court of Appeal of Florida, First District.

August 6, 1974.


Attorney(s) appearing for the Case

T. Edward Austin, Jr., and Thomas E. Crowder, Jacksonville, for appellant.

Robert L. Shevin, Atty. Gen., and Wm. J. Sheppard, of Sheppard, Fletcher, Hand & Adams, Jacksonville, for appellee.


BOYER, Judge.

By this appeal we are called upon to construe Chapter 73-120, Laws of Florida, carried forward into Florida Statutes 847.07, 847.08 and 847.09.

Kirkpatrick was charged in the County Court in and for Duval County with violation of certain obscenity ordinances of the Consolidated City of Jacksonville by the sale of two allegedly obscene magazines to an undercover agent, to which charge a motion to dismiss was filed on the grounds that such municipal...

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