WHISENHUNT v. STATE

55640.

152 Ga. App. 829 (1979)

264 S.E.2d 271

WHISENHUNT v. THE STATE.

Court of Appeals of Georgia.

Decided December 3, 1979.

Rehearing Denied December 20, 1979.


Attorney(s) appearing for the Case

Glenn Zell, for appellant.

Hinson McAuliffe, Solicitor, George M. Weaver, Leonard W. Rhodes, Assistant Solicitors, for appellee.


UNDERWOOD, Judge.

On June 15, 1978 this court affirmed the conviction of Whisenhunt for selling an obscene magazine and possessing obscene devices with intent to sell in violation of Code Ann. § 26-2101. One of the enumerations of error which was not specifically addressed in our decision was the appellant's contention that the trial court erred by instructing the jury that "[a] person of sound mind and discretion is presumed to intend the natural and probable...

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