STARLEY v. CITY OF BIRMINGHAM

6 Div. 840.

377 So.2d 1131 (1979)

Henry STARLEY v. CITY OF BIRMINGHAM.

Court of Criminal Appeals of Alabama.

Rehearing Denied November 20, 1979.


Attorney(s) appearing for the Case

Ferris S. Ritchey, Jr., Birmingham, for appellant.

W. O. MacMahon, III, Asst. City Atty., Birmingham, for appellee.


BOOKOUT, Judge.

Violation of City Ordinance 16-18 as amended (obscenity); sentence: $500 fine and 180 days hard labor.

On February 27, 1978, Officer John R. Walkinshaw of the Birmingham Police Vice Squad entered the Pleasure Books East store and purchased from the appellant a copy of the magazine, "My Black Lover." After personally reviewing the magazine, he presented it to City Magistrate J. M. Burns. After having examined the magazine for fifteen to twenty...

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