Legal Opinion

Pease v. City of Montgomery

Court of Criminal Appeals of Alabama

Decided June 1, 1976PublishedCited by 7 opinions

1Opinion of the Court

Ordinance breach by exhibiting, * * * selling, having in possession, etc., obscene matter. Fine, $50.00.

I

The City's motion to affirm for lack of assignment of errors is not well taken. See former Supreme Court Rule 52, April 23, 1973, 290 Ala. XVII.

II

Toward the end of the oral charge the trial judge said among other things:

"* * * You will have with you the complaint in this case, and you will have with you during your deliberation the exhibits that have been offered in evidence. This is a sordid case, filthy in the view of the court, and I think it would be in the view of you jurors."

Defense…

2Cases cited2 opinions

  1. Bertrand v. StateCourt of Criminal Appeals of Alabama · 1971
  2. Summerlin v. StateAlabama Court of Appeals · 1960

3Cited by7 opinions

  1. McCovery v. StateCourt of Criminal Appeals of Alabama · 1978
  2. Williams v. StateCourt of Criminal Appeals of Alabama · 1987
  3. Flanagan v. StateCourt of Criminal Appeals of Alabama · 1987
  4. Welcher v. StateCourt of Criminal Appeals of Alabama · 1987
  5. Ex Parte NelsonSupreme Court of Alabama · 1991

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