Gilbert v. City of Montgomery

WILLIAM D. PAGE, Circuit Judge.

On November 25, 1974, Richard E. Koer-ner, an officer of the Bureau of Special Investigations of the Montgomery Police Department, went to Jimmy’s News Stand in Montgomery, Alabama, and purchased from Curtis Gilbert a publication entitled “Teenage Girls and Their Loving Boyfriends.” Curtis was charged by affidavit and complaint with violation of Ordinance 26-74 adopted by the governing body of the City of Montgomery on February 19, 1974. Trial was before the court and a jury. The jury was called upon to determine whether the magazine was obscene as proscribed by…