Trinkler v. State

Decided October 1, 1974

Decided 1974-10-01

CATES, Presiding Judge.

¶2Remanded with directions.

All the Judges concur.

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Posture: Appeal from Circuit Court, Montgomery County; Richard P. Emmet, Judge. James M. Trinkler, alias, was convicted of the offense of violating the anti-obscenity Act of the State of Alabama by the Circuit Court of Montgomery County, Richard P. Emmet, J., and he appealed. After remand from the United States Supreme Court, 414 U.S. 955 , 94 S.Ct. 265 , 38 L.Ed.2d 207 , the Court of Criminal Appeals affirmed and denied rehearing, 299 So.2d 780 . The Supreme Court of Alabama, 299 So.2d 780 , denied the defendant's petition for Writ of Certiorari and the defendant filed a petition for Writ of Certiorari in the Supreme Court of the United States for Writ of Certiorari to the Court of Criminal Appeals. The Supreme Court of the United States vacated the judgment of the Court of Criminal Appeals and remanded the cause to that Court for further consideration in the light of Hamling v. United States, 418 U.S. 87 , 94 S.Ct. 2887 , 41 L.Ed.2d 590 (1974), and Jenkins v. Georgia, 418 U.S. 153 , 94 S.Ct. 2750 , 41 L.Ed.2d 640 (1974).