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STATE v. GAITHER

30829.

236 Ga. 497 (1976)

224 S.E.2d 378

THE STATE v. GAITHER et al.

Supreme Court of Georgia.

Decided March 16, 1976.

Attorney(s) appearing for the Case

Hinson McAuliffe, Solicitor, Charles Hadaway, Assistant Solicitor, for appellant.

Margie Pitts Hames, for appellees.

UNDERCOFLER, Presiding Justice.

This appeal is from the ruling of the Criminal Court of Fulton County which held that Code § 26-2012 (Ga. L. 1968, pp. 1249, 1301) is unconstitutional as enforced in the City of Atlanta, Fulton County, Georgia, because it systematically, wilfully and intentionally is enforced only against females and is a denial of equal protection.

Code § 26-2012 provides: "A person commits prostitution when he performs or offers...

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