Mitchum v. Stynchcombe

Hawes, Justice.

The appeal here is from the order of a Judge of the Superior Court of Fulton County remanding petitioner to custody under an executive warrant granting extradition to the State of Florida. In his appeal the appellant makes four basic contentions: (1) that the statute of the State of Florida under which he is charged is unconstitutional and has been so held by a 3-judge Federal District Court in that State; (2) that, under the facts appearing, appellant could not have had the requisite knowledge of the obscene nature of the magazine which he is charged with selling in the State…