Hawkins v. City of Birmingham

DeCARLO, Judge.

The appellant was charged with violating § 16-18 of the General Code of the City of Birmingham, Alabama, 1964, as amended. The complaint alleged that, on May 30, 1978, the appellant knowingly and intentionally sold, at the “Pussy Cat Adult Thea-tre” an obscene book, “Climax 2,” in violation of § 16-18, supra. Appellant was tried and convicted in the municipal court without a jury.

Appellant appealed to the circuit court, and, on October 19, 1979, he was tried by a jury, was found guilty as charged in the complaint, was sentenced to 180 days hard labor, and was fined $500.00.

Prior…