Criminal Law · MBE-tested

Cornelius Sims BRADY and N. R. McHenry v. CITY OF MOBILE

53 Ala. App. 739299 So. 2d 779·Alabama Court of Criminal Appeals·1974·AL

All the Judges concur.

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Opinion

299 So.2d 779 Cornelius Sims BRADY and N. R. McHenry v. CITY OF MOBILE. 1 Div. 395. Court of Criminal Appeals of Alabama. March 19, 1974. Rehearing Denied May 7, 1974. Braxton L. Kittrell, Jr., Mobile, for appellants. Chandler Kite Stanard, Mobile, for the City of Mobile. [MAJORITY — CATES, Presiding Judge.] CATES, Presiding Judge. Ordinance breach for exhibiting an obscene film. The film was seized as an incident to the arrests of the projectionist and manager of the cinema. No copy was made. No adversary proceeding for a judicial determination was available following seizure. A provision for a hearing before seizure in Ordinance 41-085 had been repealed. We remand to the trial court to ascertain the applicability of Heller v. New York (1973) 413 U.S. 483, 93 S.Ct. 2789, 37 L.Ed.2d 745, and cases therein cited. Remanded with directions. All the Judges concur.