Mason v. State

Quillian, Chief Judge.

Defendant appeals his conviction for distributing obscene materials. Held:

1. Defendant originally appealed to the Supreme Court and in his first enumeration asserted that the constructive knowledge provision of Code Ann. § 26-2101 (Ga. L. 1968, pp. 1249, 1302; 1975, p. 498), the statute under which he was convicted, was unconstitutional. The Supreme Court, stating that the only constitutional question within its jurisdiction had been expressly decided (adversely to defendant) in Sewell v. State, 238 Ga. 495 (233 SE2d 187), transferred the case to this court for…