34 S.E.2d 621 | Ga. Ct. App. | 1945
1. The ordinance forbidding the sale of any pamphlets between the hours of 10 a. m. and 9 p. m. on certain designated sidewalks, and providing a penalty therefore, is a valid, reasonable regulation for public safety and convenience.
2. Though the ordinance forbids the sale of any pamphlet, a proper interpretation excludes its application to pamphlets disseminating a religious belief through the distribution of religious pamphlets or literature by selling or offering them for sale at the prohibited time and place when such distribution does not interfere with the traffic, and the safety, comfort, or convenience of the public in the use of the street; such an application would render the ordinance unconstitutional, as a violation of the defendant's constitutional guarantee of freedom of religion.
3. The summons or accusation alleging a violation of such ordinance need not negative this matter; it pertains simply to the defense, and embraces matters that are properly to be introduced by the defendant.
4. The evidence did not authorized the conviction.
Judgment reversed. Broyles, C. J., and Gardner, J., concur.