Whisenhunt v. State

Underwood, Judge.

On June 15, 1978 this court affirmed the conviction of Whisenhunt for selling an obscene magazine and possessing obscene devices with intent to sell in violation of Code Ann. § 26-2101. One of the enumerations of error which was not specifically addressed in our decision was the appellant’s contention that the trial court erred by instructing the jury that "[a] person of sound mind and discretion is presumed to intend the natural and probable consequences of his act.” The judgment of this court was vacated on June 25,1979 by order of the Supreme Court of the United States and…