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McKINNEY v. PARSONS

No. 74-2106.

513 F.2d 264 (1975)

Chester McKINNEY, Petitioner-Appellant, v. James C. PARSONS, Chief of Police, etc., Respondent-Appellee.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied June 20, 1975.

Attorney(s) appearing for the Case

Ferris S. Ritchey, Jr., Birmingham, Ala., D. Freeman Hutton, Robert E. Smith, Gilbert H. Deitch, Atlanta, Ga., for petitioner-appellant.

William J. Baxley, Atty. Gen., Montgomery, Ala., Herbert Jenkins, Jr., Asst. City Atty., Birmingham, Ala., for respondent-appellee.

Before BELL, THORNBERRY and GEE, Circuit Judges.

GEE, Circuit Judge:

In May of 1971, Chester McKinney was convicted by the Circuit Court of Jefferson County, Alabama, of six violations of the obscenity ordinance of the City of Birmingham.1 He appeals the Northern District of Alabama's second2 denial of habeas corpus relief. Since we find no constitutional infirmity in his convictions, we affirm.

Upon first filing his habeas corpus petition McKinney...

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