Hess v. State

Banke, Judge.

The defendants in the above cases appeal their convictions on multiple accusations for distributing obscene materials in violation of Code Ann. § 26-2101. All three of the accusations in Case no. 55377 and two of the four accusations in Case no. 55378 charge the distribution of obscene magazines. The remaining two accusations in Case no. 55378 charge the distribution of obscene books.

1. The defendants urge on appeal that the materials charged against them are not obscene as a matter of law but instead are protected forms of expression under the State and Federal Constitutions. We…