Nature of the Case
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Facts
A search warrant for alleged bookmaking activities was obtained and during the execution of that warrant the officers found three reels of eight-millimeter film. Using a projector and screen found in an upstairs living room, they viewed the films. The officers concluded that they were obscene and seized them. Since appellant occupied the bedroom, he was charged with possession of obscene matter and placed under arrest. He was later indicted for 'knowingly having possession of . . . obscene matter' in violation of Georgia law. Appellant was tried before a jury and convicted. The Supreme Court of Georgia affirmed. D challenged the statute claiming private possession of obscene materials cannot be prohibited. P claimed that under Roth a state may ban all possession of obscene materials as they promote rape and deviance.
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