Legal Opinion

Fishman v. State

Court of Appeals of Georgia

Decided March 14, 1973No. 47385Published

1Opinion of the Court

128 Ga. App. 505 (1973)

197 S.E.2d 467

FISHMAN et al.

v.

THE STATE.

47385.

Court of Appeals of Georgia.

Argued September 13, 1972.

Decided March 14, 1973.

D. Freeman Hutton, Robert Eugene Smith, for appellants.

Ken Stula, Solicitor, for appellee.

DEEN, Judge.

1. In passing on the obscenity issue, a statement of criteria is in order. First, we construe Code Ann. § 26-2101 (b) to be substantially in the language of and to express the meaning of the term as defined in Roth v. United States, 354 U. S. 476, 491-492 (77 SC 1304, 1 LE2d 1498). Further, understand Code Ann. § 26-2101 (c) to apply the standards…

Also in this document: Concurring in part, dissenting in part.

2Cases cited25 opinions

  1. Roth v. United StatesSupreme Court of the United States · 1957
  2. Jacobellis v. OhioSupreme Court of the United States · 1964
  3. A Book Named "John Cleland's Memoirs of a Woman of Pleasure" v. Attorney General of MassachusettsSupreme Court of the United States · 1966
  4. Ginzburg v. United StatesSupreme Court of the United States · 1966
  5. Redrup v. New YorkSupreme Court of the United States · 1967

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