Johnson v. State

Full title: JOHNSON v. THE STATE

Court: Court of Appeals of Georgia

Date published: Sep 6, 1978

248 S.E.2d 565 (Ga. Ct. App. 1978)

248 S.E.2d 565

Opinion

56156.

SUBMITTED JULY 10, 1978.

DECIDED SEPTEMBER 6, 1978.

Distributing obscene material. Clarke State Court. Before Judge Pittard.

Michael Clutter, Robert Eugene Smith, for appellant.

Ken Stula, Solicitor, for appellee.

WEBB, Judge.

This appellant was found guilty on three counts of violating Georgia Criminal Code § 26-2101 (c) and he enumerates two alleged errors in this appeal. We quote them: (1) "Georgia's obscene device statute, Georgia Code § 26-2101 (c), as written and/or as applied to appellant is unconstitutional," and (2) "The jury instructions on the issue of scienter fail to meet the minimum constitutional standards enunciated by the United States Supreme Court in Hamling v. United States, 418 U.S. 87 (1974)."

These are identical to contentions by appellant's counsel made in Sewell v. State, 238 Ga. 495 ( 233 S.E.2d 187) (1977) and Teal v. State, 143 Ga. App. 47 ( 238 S.E.2d 128) (1977), cert. den.; appeal dismissed, U.S. Supreme Ct.. We find nothing in the record of this appeal that differentiates it from the rulings in those cases.

Judgment affirmed. Quillian, P. J., and McMurray, J., concur.

SUBMITTED JULY 10, 1978 — DECIDED SEPTEMBER 6, 1978 — CERT. APPLIED FOR.