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,
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