*1 989 Federal attempting wholly suppress Governments from to sexually allegedly oriented on of materials the basis their Slaton, I ‘obscene’ contents.” Theatre 413 Paris Adult v. I dissenting). U. S. 113 therefore believe 49, J., (Brennan, constitutionally the on appellant’s that conviction cannot rest allegedly magazine. the sale of an obscene in jury Because it cannot be determined case that the this on appellant magazine did not convict the the basis of the I of judgment Supreme sale would reverse the the Court alone, Stromberg California, of Georgia.* 359, See 283 U. S. 368. v. Georgia. Appeal App. 77-790. Teal v. from Ga. No. Ct. question. dismissed for of want substantial federal Mr. Justice Marshall Brennan, with whom Mr. Justice joins, dissenting.
Appellant, Teal, appeals judgment Warren from of the a of Georgia Appeals Court which affirmed his conviction on a obscenity Georgia one-count accusation framed under the (1975). Code 26-2101 two statute, August 29,1975, § Ga. On a bought Atlanta area law enforcement officers magazine, from Ponce employee Piece an of the Meal, appellant, immediately appellant Leon Adult Book Store, de and arrested or alleged “designed seized various items to be devices and useful for the stimulation of human primarily marketed as (c). 26-2101 After unsuccess- genital organs.” attempting § appellant to the material was fully suppressed, have seized magazine the by jury selling possessing convicted a of the and in a jail $5,000 was sentenced to 12 months and devices and fine. ante, Brennan, 1, recognize I my at 984 n. that a Brother
*Like view, agree not share this and since I also majority the Court does with of dissenting opinion, alternatively probable I would note I of Part his issue, argument in this case on the scienter if three hear jurisdiction and like-minded. Court were Members of the other 990 questions presents constitutional Court, appellant
In this ante, are Georgia, p. in which those Sewell v. identical to 982, *2 in that my For the reasons stated in dissent there. set out argument on the scienter and I this case for dissent, would set void-for-vagueness issues.* dissenting. Stewart, Justice
Mr. to Sewell v. respects identical case is in all relevant This my dissenting in stated ante, For the reasons Georgia, p. 982. the of judgment I the reverse in that would opinion case, probable alternatively, note of or Appeals, Court Georgia on scienter issue. argument and hear the jurisdiction Municipal 77-1220. of the Los No. Court v. Schroeder Party in Real (California, District In- Judicial Cerritos dismissed App. Dist., 2d Appeal App. Cal., from Ct. . terest) question. for want of federal substantial 3d from C. A. Appeal 77-6365. Gill No. et al. v. Gill papers Treating the jurisdiction. for want of Cir. dismissed cer- for of petition a writ appeal taken as whereon the was certiorari tiorari, denied. Georgia, that, as in Sewell in shows v. *A of the record this case review requirement not dissenting), does ante, p. (Brennan, J., the scienter 982 Although police (c) (1975) vagueness. a from save 26-2101 Ga. Code § movies, viewing he had seen that, of adult here in the course officer testified addition, that and, genitals human in to stimulate
some of the devices used a/use, there was for catalog marketed the devices such he had seen a which indicated seen the appellant had or should have showing no that seen Indeed, the catalog. any such appellant movies or was familiar with that it had no catalog evidence because judge trial the into refused to admit the that the conclusion issue. Thus relation to the constructive scienter genital of human the primarily seized for stimulation devices were “useful to be solely an inference from organs,” Sewell, reached here as in was guesses arresting and officers’ shape and the from the of the devices drawn assumptions.