Matheny v. Alabama

Mr. Justice Brennan, with whom Mr. Justice Stewart and Mr. Justice Marshall join,

dissenting.

Petitioner was convicted in the Circuit Court for Montgomery County, Ala., of violating Ala. Code Tit. 14, § 374 (4) (Supp. 1973). That law provides in pertinent part:

“(1) Every person who, with knowledge of its contents, . . . has in his possession with intent to sell or commercially distribute, or to give away or offer to give away, any obscene printed or written matter or material . . . shall be guilty of a misdemeanor and, upon conviction, shall be imprisoned in the county jail, or sentenced to…