STATE v. SMALLEY

52151.

138 Ga. App. 747 (1976)

227 S.E.2d 488

THE STATE v. SMALLEY.

Court of Appeals of Georgia.

Decided May 21, 1976.


Attorney(s) appearing for the Case

Paul F. Carden, Solicitor, for appellant.

Jim Jenkins, for appellee.


McMURRAY, Judge.

During a search for illegal drugs while armed with a valid search warrant to search a commercial establishment in Cobb County, one of the police officers noticed a rack of comic books in plain view which contained pictures depicting human beings participating in various types of sexual activities. These items were seized upon instruction of the solicitor of the state court, and a warrant was issued, and the defendant was arrested.

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