DIXIE BOOKS, INC. v. STATE

56505.

147 Ga. App. 593 (1978)

249 S.E.2d 634

DIXIE BOOKS, INC. v. THE STATE.

Court of Appeals of Georgia.

Decided September 28, 1978.

Rehearing Denied October 18, 1978.


Attorney(s) appearing for the Case

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

Hinson McAuliffe, Solicitor, Andrew J. Hairston, James L. Webb, Leonard W. Rhodes, Assistant Solicitors, for appellee.


BANKE, Judge.

This prosecution for distributing obscene materials was initiated after Fulton County law enforcement officers purchased two magazines, one entitled "Eros" and the other entitled "Masturbation Confessions," from the appellant bookstore. The jury found the appellant not guilty as to "Eros" but guilty as to "Masturbation Confessions." A motion for new trial was denied, and this appeal followed. Held:

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