Underwood v. State

Webb, Judge.

Underwood was found guilty on two accusations of violation of Code Ann. § 26-2101 (distributing obscene materials), and from the convictions thereon, as well as the denial of his motions to dismiss, for separate trials, and to suppress evidence, he entered this appeal.

1. Error is charged to the trial court in overruling Underwood’s motion to dismiss the two accusations on the ground that Code Ann. § 26-2101 is unconstitutional as violative of the accused’s rights under the First, Fourth, Fifth, Ninth and Fourteenth Amendments of the United States Constitution because the statute…