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PIERCE v. STATE

SC 483.

296 So.2d 218 (1974)

In re J. L. PIERCE v. The STATE of Alabama. Ex parte J. L. Pierce.

Supreme Court of Alabama.

Rehearing Denied June 6, 1974.

Attorney(s) appearing for the Case

J. Paul Lowery, Montgomery, Robert Eugene Smith, D. Freeman Hutton, Atlanta, Ga., for petitioner.

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

HEFLIN, Chief Justice.

The major holdings of this case are as follows:

1. The tests set forth in Miller v. California, 413 U.S. 15, 93 S.Ct. 2607, 37 L.Ed. 2d 419 (1973) are engrafted by judicial construction to the 1961 Alabama obscenity statute.

2. With the Miller engraftments the 1961 Alabama obscenity statute is constitutional as applied in the context of the instant case.

3. Contemporary community standards...

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