PEASE v. CITY OF MONTGOMERY

3 Div. 394.

333 So.2d 221 (1976)

Kathleen PEASE v. The CITY OF MONTGOMERY.

Court of Criminal Appeals of Alabama.

June 1, 1976.


Attorney(s) appearing for the Case

Benjamin E. Pool, Montgomery, for appellant.

Randall C. Morgan, Montgomery, for appellee.


CATES, Presiding Judge.

Ordinance breach by exhibiting, * * * selling, having in possession, etc., obscene matter. Fine, $50.00.

I

The City's motion to affirm for lack of assignment of errors is not well taken. See former Supreme Court Rule 52, April 23, 1973, 290 Ala. XVII.

II

Toward the end of the oral charge the trial judge said among other things:

"* * * You will have with you the complaint in this case, and you will...

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