Northcutt v. State
Northcutt v. State
Opinion of the Court
Defendant appeals his conviction of the offense of distributing obscene materials. Finding no error warranting the grant of a new trial, we affirm.
1. Defendant argues cogently against the constitutionality of Code Ann. § 26-2101. However, since the Supreme Court, in Sewell v. State, 238 Ga. 495 (233 SE2d 187), has found that § 26-2101 does not violate the constitutional requirement of scienter, defendant’s assertion of error is without merit.
2. Under the authority of Hays v. State, 145 Ga. App. 65 (4) (243 SE2d 263); Bohin v. State, 156 Ga. App. 206 (274 SE2d 592) (1980); and Loveland v. State, 156 Ga. App. 746 (275 SE2d 387) (1980), we find no error in the trial court’s charge of Code Ann. § 26-2101 (d) on the commercial exploitation of erotica.
3. Defendant complains of the following instruction: “If the material appeals to an abnormal interest in sex, it can be said to appeal to a prurient interest.” Defendant asserts that the trial court erroneously equated a “prurient” interest with an “abnormal”
Judgment affirmed.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.