Lanham v. State

I agree with the majority’s analysis of the obscenity statutes applicable here and with its conclusion that the videotape falls within the statutory definition of obscenity. However, I disagree with the majority’s conclusion that the trial court made a finding of fact to which this Court must defer.

Based upon my examination of the record and the appellant’s brief, it appears to me that the trial court was presented with a purely legal issue — whether the videotape was sufficient to establish a prima facie case under § 13A-12-192, Ala.Code 1975. Stated differently, I think that the appellant’s…