State v. Gaither

Undercofler, Presiding Justice.

This appeal is from the ruling of the Criminal Court of Fulton County which held that Code § 26-2012 (Ga. L. 1968, pp. 1249, 1301) is unconstitutional as enforced in the City of Atlanta, Fulton County, Georgia, because it systematically, wilfully and intentionally is enforced only against females and is a denial of equal protection.

Code § 26-2012 provides: "A person commits prostitution when he performs or offers or consents to perform an act of sexual intercourse for money.”

1. The trial court found that from the evidence presented the Atlanta Police Department…