MATHENY v. STATE

3 Div. 295.

313 So.2d 547 (1975)

Gerald MATHENY, alias v. STATE.

Court of Criminal Appeals of Alabama.

Rehearing Denied April 1, 1975.


Attorney(s) appearing for the Case

J. Paul Lowery, Montgomery, for appellant.

William J. Baxley, Atty. Gen., and Kermit M. Downs, Asst. Atty. Gen., for the State.


DeCARLO, Judge.

Selling obscene matter; six months hard labor and $500. fine.

On July 12, 1973, K. W. Jones, an investigator for the District Attorney's office, went to Jimmy's News Stand in Montgomery, Alabama, and purchased from Gerald Matheny, three publications; "Krazy Kittens Number 5", "Gay Blades" and "Depravity Post". Appellant was charged in the county court with violation of T. 14, § 374(4), Cumulative Pocket Part, Code of Alabama, 1940, and...

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