McGary v. City of Birmingham

LEIGH M. CLARK, Supernumerary Circuit Judge.

Appellant was convicted for the violation of Ordinance No. 67-2, Section 3, of the City of Birmingham. He raised by a demurrer and a motion to quash the complaint the question of the constitutionality of the ordinance, contending (1) that the definition of obscenity contained in the particular ordinance does not meet the test laid down in Miller v. California, 413 U.S. 15, 93 S.Ct. 2607, 37 L.Ed.2d 419, and (2) that the application of the principles pronounced by Miller v. California to conduct occurring before the case constitutes ex post facto…