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HOSTETLER v. STATE

54952.

145 Ga. App. 55 (1978)

243 S.E.2d 256

HOSTETLER v. THE STATE.

Court of Appeals of Georgia.

Decided February 3, 1978.

Rehearing Denied February 28, 1978.

Attorney(s) appearing for the Case

Glenn Zell, for appellant.

Hinson McAuliffe, Solicitor, Leonard W. Rhodes, Assistant Solicitor, for appellee.

WEBB, Judge.

Milton Hostetler appeals from his conviction of distributing obscene materials in violation of Criminal Code § 26-2101. We affirm.

1. A constitutional attack is made upon Criminal Code § 26-2101 (c) which extends the definition of proscribed "obscene material" to "any device designed or marketed as useful primarily for the stimulation of human genital organs." It is contended that this section is overbroad, arbitrary and capricious,...

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