State of Ga. v. Davis

Bowles, Justice.

Defendant Davis was indicted for criminal solicitation under Code Ann. § 26-1007. Upon motion of the defendant, the trial court dismissed the indictment finding the statute unconstitutionally vague in its description of prohibited activity and unconstitutionally overbroad in that it embraced speech protected under the First Amendment as well as speech which may properly be punished.

Code Ann. § 26-1007 states, in pertinent part: “A person commits criminal solicitation when, with intent that another person engage in conduct constituting a felony he solicits, requests, commands,…