HAWKINS v. STATE

6 Div. 109.

390 So.2d 1129 (1980)

Cary HAWKINS v. STATE.

Court of Criminal Appeals of Alabama.

Rehearing Denied October 7, 1980.


Attorney(s) appearing for the Case

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

Charles A. Graddick, Atty. Gen., and Joseph G. L. Marston, III, Asst. Atty. Gen., and Charles M. Allen, II, Montgomery, for appellee.


BOWEN, Judge.

The defendant was indicted and convicted for a violation of the state statute prohibiting the sale of any obscene work. Alabama Code § 13-7-181 (1975). The obscene matter was an issue of the magazine "Cie-Lavie". The jury imposed a fine of one thousand dollars to which the trial judge added a prison term of one year.

I

In Holderfield v. City of Birmingham, 380 So.2d 990 (Ala.Cr.App.1979...

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