HOWELL v. CITY OF BIRMINGHAM

6 Div. 916.

383 So.2d 567 (1980)

Walter W. HOWELL v. CITY OF BIRMINGHAM.

Court of Criminal Appeals of Alabama.

Rehearing Denied February 26, 1980.


Attorney(s) appearing for the Case

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

W. O. MacMahon, III, Birmingham, for appellee.


BOWEN, Judge.

This is an obscenity case involving the exhibition of a movie entitled "Honeypie" in violation of Birmingham City Ordinance 16-18 as amended.

The defendant was employed as a clerk and movie projectionist at the Tomkat Theatre in Jefferson County. He was tried and convicted in Municipal Court. He appealed to the Circuit Court, was tried by a jury and fined five hundred dollars. The trial judge imposed a sentence of 180 days hard labor.

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