Holderfield v. City of Birmingham

This is a pornography case involving the sale of a magazine entitled "Color Sperma" in violation of Birmingham City Ordinance 16-18 as amended.

The defendant was employed as a clerk by the Bessemer News, an adult bookstore in Jefferson County. In May of 1978, an officer of the Vice Squad of the Birmingham Police Department purchased the magazine from the defendant. The defendant was tried without a jury in Municipal Court and convicted. He appealed to the Circuit Court of Jefferson County, was tried by a jury, convicted and fined five hundred dollars and costs.

I

The defendant contends that…