Abernathy v. State

The appellant, Eugene Abernathy, was convicted of disseminating obscene material. Section 13A-12-200.3, Code of Alabama 1975. The jury found him not guilty of the offense of harassing communications. After a sentencing hearing, the trial court sentenced the appellant to one year's imprisonment, and that sentence was split and he was ordered to serve 30 days in the county jail and he was placed on 2 years' probation.

The facts adduced at trial tended to establish the following. Pamela Westrope testified that on October 10, 1991, she found two sheets of paper in her mailbox. She stated that the…