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McKINNEY v. STATE

SC 1089.

333 So.2d 843 (1976)

In re Chester McKINNEY v. STATE of Alabama. Ex parte Chester McKinney.

Supreme Court of Alabama.

May 7, 1976.

Attorney(s) appearing for the Case

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

William J. Baxley, Atty. Gen., and Joseph G. L. Marston, III, Asst. Atty. Gen., for the State, respondent.

BLOODWORTH, Justice.

Petitioner was convicted on October 24, 1973, in the Circuit Court of Jefferson County for selling a magazine, "Nude Figure." Previously, the magazine had been judicially declared to be "obscene" by the Mobile Circuit Court, in equity. The conviction was affirmed by the Court of Criminal Appeals on October 29, 1974, rehearing denied November 26, 1974, 57 Ala.App. ___, 333 So.2d 842. The Court of Criminal...

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