Johnson v. State

Webb, Judge.

This appellant was found guilty on three counts of violating Georgia Criminal Code § 26-2101 (c) and he enumerates two alleged errors in this appeal. We quote them: (1) "Georgia’s obscene device statute, Georgia Code '§ 26-2101 (c), as written and/or as applied to appellant is unconstitutional,” and (2) "The jury instructions on the *113issue of scienter fail to meet the minimum constitutional standards enunciated by the United States Supreme Court in Hamling v. United States, 418 U. S. 87 (1974).”

Submitted July 10, 1978 Decided September 6, 1978 Michael Clutter, Robert Eugene Smith,…