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McGARY v. CITY OF BIRMINGHAM

6 Div. 987.

326 So.2d 773 (1976)

Thomas McGARY v. The CITY OF BIRMINGHAM.

Court of Criminal Appeals of Alabama.

February 3, 1976.

Attorney(s) appearing for the Case

Ferris S. Ritchey, Jr., Birmingham, Robert Eugene Smith, Atlanta, Ga., for appellant.

Herbert Jenkins, Jr., Asst. City Atty., Birmingham, for appellee.

LEIGH M. CLARK, Supernumerary Circuit Judge.

Appellant was convicted for the violation of Ordinance No. 67-2, Section 3, of the City of Birmingham. He raised by a demurrer and a motion to quash the complaint the question of the constitutionality of the ordinance, contending (1) that the definition of obscenity contained in the particular ordinance does not meet the test laid down in Miller v. California, 413 U.S. 15, 93 S.Ct...

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