Maxwell v. State

Underwood, Judge.

Three defendants jointly appeal their conviction of distributing obscene material and the state appeals the trial court’s post-conviction determination that the showing of several obscene films or portions of obscene films as a single theatre exhibition constitutes only one count of violating Code Ann. § 26-2101 rather than multiple counts which was the basis upon which the trial had been held.

An investigator went to the Plaza Adult Theatre, purchased a ticket and viewed the exhibition then being offered consisting of two feature films and four previews of coming attractions.…