Chester McKinney v. James C. Parsons, in His Capacity as Chief of Police of the City of Birmingham, Alabama

Chester McKinney appeals from denial of his petition for habeas corpus relief from sentences imposed by the Circuit Court of Jefferson County, Alabama, following conviction on six charges of violating ihe Birmingham obscenity ordinance. One of appellant’s points on appeal is that the District Judge below improperly abdicated to the Magistrate his responsibility to reach a decision based upon a personal inspection of the allegedly obscene material. Because of our agreement with appellant on this point, we do not reach the substantive question of obscenity.

28 U.S.C. § 636 enables District…