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McKINNEY v. STATE

6 Div. 531.

296 So.2d 235 (1974)

Chester McKINNEY v. STATE.

Court of Criminal Appeals of Alabama.

May 21, 1974.

Attorney(s) appearing for the Case

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

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

CATES, Presiding Judge.

Selling, etc., obscene printed matter (a magazine, Body and Soul, Volume III, Number 6) which had theretofore been judicially determined to be obscene by the Circuit Court of Madison County; fine, $1,000 and one year hard labor for Jefferson County.

This conviction was had on a trial de novo before a jury February 27, 1973. Miller v. California, 413 U.S. 15, 93 S.Ct. 2607, 37 L.Ed.2d 419, was decided...

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