Ballew v. State

I concur wholeheartedly in the opinion with the exception of that part which holds Section 4 of Act 698, Acts, 1969 [Title 14, Section 374(16m)] is unconstitutional. Section 4 of Act 698 provides:

“(a) No prosecution may be commenced against any person for violating Sections 2 and 3 of this Act unless the accused is first served with prior written notice that there is reasonable cause to believe the material upon which such prosecution is based violates this Act, and the accused has, after receiving such notice violated this Act.

“(b) The written notice provided for in paragraph (a) of this…