Legal Opinion

Chester McKinney v. James C. Parsons, Chief of Police, Etc.

Court of Appeals for the Fifth Circuit

Decided June 20, 1975No. 74-2106PublishedCited by 6 opinions

1Opinion of the Court

GEE, Circuit Judge:

In May of 1971, Chester McKinney was convicted by the Circuit Court of Jefferson County, Alabama, of six violations of the obscenity ordinance of the City of Birmingham. 1 He appeals the Northern District of Alabama’s second 2 denial of habeas corpus relief. Since we find no constitutional infirmity in his convictions, we affirm.

Upon first filing his habeas corpus petition McKinney advanced three grounds upon which the writ should issue. It was his contention (1) that the four magazines and two films involved in the case are not, as a matter of constitutional law, obscene…

2Cases cited22 opinions

  1. Roth v. United StatesSupreme Court of the United States · 1957
  2. Miller v. CaliforniaSupreme Court of the United States · 1973
  3. Hamling v. United StatesSupreme Court of the United States · 1974
  4. Thornhill v. AlabamaSupreme Court of the United States · 1940
  5. Jacobellis v. OhioSupreme Court of the United States · 1964

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3Cited by6 opinions

  1. People v. BratisCalifornia Court of Appeal · 1977
  2. Chambers v. StateCourt of Criminal Appeals of Alabama · 1978
  3. Robinson v. ParsonsCourt of Appeals for the Fifth Circuit · 1977
  4. United States Ex Rel. Means v. SolemDistrict Court, D. South Dakota · 1978
  5. McKinney v. ParsonsSupreme Court of the United States · 1975

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