Cherry v. State

The appellant, James Larry Cherry, was convicted in the Circuit Court for Montgomery County by a jury, presided over by Judge Plummer M. Shearin, of soliciting for “purposes of prostitution, lewdness and assignation” in violation of Article 27, Section 15 (e). The appellant mounts two constitutional attacks upon his conviction:(1) That Section 15 (e), either on its face or as applied to the particular facts of this case, is an unconstitutional abridgment of the freedom of speech guaranteed by the First Amendment; and(2) That Section 15 (e) is unconstitutional under the Fifth and Fourteenth…