Edenfield v. State

Full title: EDENFIELD v. THE STATE

Court: Supreme Court of Georgia

Date published: Oct 30, 1962

128 S.E.2d 331 (Ga. 1962)

128 S.E.2d 331

Opinion

21816.

SUBMITTED OCTOBER 8, 1962.

DECIDED OCTOBER 30, 1962.

Printing obscene pictures, etc.; constitutional question. Chatham Superior Court. Before Judge Harrison.

John J. Sullivan, for plaintiff in error.

Andrew J. Ryan, Jr., Solicitor General, Sylvan A. Garfunkel, Assistant Solicitor General, contra.

GRICE, Justice.

Code Ann. § 26-6301 (Ga. L. 1956, p. 801) having been declared unconstitutional and void by this court in the case of Simpson v. State, 218 Ga. 337 ( 127 S.E.2d 907), it was error to overrule the general demurrer and to deny the motion of the defendant to quash, both of which attacked the constitutionality of the law under which he was indicted and convicted.

Judgment reversed. All the Justices concur.

SUBMITTED OCTOBER 8, 1962 — DECIDED OCTOBER 30, 1962.