McKinney v. State

CATES, Presiding Judge.

Selling, etc., obscene printed matter (a magazine, Body and Soul, Volume III, Number 6) which had theretofore been judicially determined to be obscene by the Circuit Court of Madison County; fine, $1,000 and one year hard labor for Jefferson County.

This conviction was had on a trial de novo before a jury February 27, 1973. Miller v. California, 413 U.S. 15, 93 S.Ct. 2607, 37 L.Ed.2d 419, was decided June 21, 1973. However, we see no obstacle to the classical Blackstonian application of retro-activity as a brooding omnipresence revealed. At least the Supreme Court of…