HESS v. STATE

55878.

146 Ga. App. 874 (1978)

247 S.E.2d 546

HESS v. THE STATE.

Court of Appeals of Georgia.

Decided July 3, 1978.

Rehearing Denied July 28, 1978.


Attorney(s) appearing for the Case

Charles W. Boyle, Michael Clutter, Robert Eugene Smith, for appellant.

Robert G. Johnston, Solicitor, Barschall Andrews, Kenneth M. Henson, Jr., Assistant Solicitors, for appellee.


WEBB, Judge.

Karl Hess appeals his conviction of distributing obscene materials in violation of Criminal Code § 26-2101. The conviction was for the sale of two pictorial magazines entitled "Water Nymphs" and "Sappho Lovers." Hess asserts as grounds for his appeal that (1) the magazines are not obscene as a matter of law and are protected under the First and Fourteenth Amendments; (2) instructions to the jury on the issue of scienter failed to meet the minimum...

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