Legal Opinion
Stancil v. State
Court of Appeals of Georgia
Decided September 5, 1980No. 59968PublishedCited by 15 opinions
1Opinion of the Court
Deen, Chief Judge.
Appeal is brought following convictions on five counts of violating Code Ann. § 26-2101.
1. Code Ann. § 26-2101 is not unconstitutional. Sewell v. State, 238 Ga. 495 (233 SE2d 187) (1977).
2. The trial court did not err in refusing to merge counts one and two of the charges against Stancil. He was accused of selling, or being accessory to the sale of, the same magazine at two different locations on the same date. Proof of sale of two obscene magazines at different times on the same date to the same buyer is two separate offenses. Wood v. State, 144 Ga. App. 236 (240 SE2d 743)…
2Cases cited13 opinions
- Paris Adult Theatre I v. SlatonSupreme Court of the United States · 1973
- Smith v. CaliforniaSupreme Court of the United States · 1960
- Smith v. United StatesSupreme Court of the United States · 1977
- Sewell v. StateSupreme Court of Georgia · 1977
- Glover v. StateSupreme Court of Georgia · 1907
8 more not listed; retrieve them via the Exa API.
3Cited by15 opinions
- Harris v. StateSupreme Court of Georgia · 1993
- 134 Baker Street, Inc. v. StateCourt of Appeals of Georgia · 1984
- Bowman v. StateCourt of Appeals of Georgia · 1988
- Fields v. StateCourt of Appeals of Georgia · 1990
- Hicks v. StateCourt of Appeals of Georgia · 1981
10 more not listed; retrieve them via the Exa API.