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STATE OF GA. v. DAVIS

36751.

246 Ga. 761 (1980)

272 S.E.2d 721

STATE OF GEORGIA v. DAVIS.

Supreme Court of Georgia.

Decided December 2, 1980.

Attorney(s) appearing for the Case

Lewis R. Slaton, District Attorney, Wallace Speed, Joseph J. Drolet, Assistant District Attorneys, for appellant.

Robert Coker, for appellee.

J. Melvin England, amicus curiae.

BOWLES, Justice.

Defendant Davis was indicted for criminal solicitation under Code Ann. § 26-1007.1 Upon motion of the defendant, the trial court dismissed the indictment finding the statute unconstitutionally vague in its description of prohibited activity and unconstitutionally overbroad in that it embraced speech protected under the First Amendment as well as speech which may properly be punished.

Code Ann. § 26-1007...

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