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BAKER v. STATE

32757.

240 Ga. 431 (1978)

241 S.E.2d 187

BAKER v. THE STATE.

Supreme Court of Georgia.

Decided January 3, 1978.

Attorney(s) appearing for the Case

Smathers, Derrickson & Bowen, Joy Smathers, for appellant.

Hinson McAuliffe, Solicitor, James L. Webb, Richard E. Stark, Assistant Solicitors, Arthur K. Bolton, Attorney General, for appellee.

HILL, Justice.

Charles L. Baker was tried and convicted of violating Code Ann. § 26-2610 (b) (Ga. L. 1968, pp. 1249, 1316; 1974, p. 470) which prohibits the use of unprovoked obscene and vulgar or profane language in the presence of a woman, or of a male under the age of fourteen. Prior to trial the defendant attacked the constitutionality of this section on the ground of gender-based discrimination. The State Court of Fulton County determined it was constitutional...

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