Allen v. State

Bell, Chief Judge.

Pursuant to a search warrant obtained on an affidavit based on actual viewing by the affiant police officer, two movies, "Cheryl Surrenders” and "Sex Before Marriage,” which were being exhibited at an Atlanta theater, were seized. The defendants, the ticket taker and projectionist, respectively, were arrested. They were charged in separate accusations of two counts each of distributing obscene materials in violation of Code § 26-2101. A jury convicted defendants and sentence was imposed. In a joint appeal, no issue as to the obscene nature of the materials has been raised.…