Cargal v. Georgia
Citation | 98 S.Ct. 3125,438 U.S. 906,57 L.Ed.2d 1149 |
Decision Date | 26 June 1978 |
Docket Number | No. 77-1426,77-1426 |
Parties | Bobby L. CARGAL v. State of GEORGIA |
Court | United States Supreme Court |
On petition for writ of certiorari to the Court of Appeals of Georgia.
The petition for a writ of certiorari is denied.
Petitioner, convicted of distributing obscene materials under Ga.Code § 26-2101 (1975), asks this Court to decide the question:
"Whether jury instructions on scienter allowing a finding of 'constructive knowledge' in an obscenity case are sufficient to meet . . . constitutional minimum standards . . . ?" Pet. for Cert. 2.
In Bal ew v. Georgia, 435 U.S. 223, 98 S.Ct. 1029, 55 L.Ed.2d 234 (1978), we granted certio- rari to consider, but did not reach, precisely this issue. See Pet. for Cert. in Ballew v. Georgia, O.T.1977, No. 76-761, p. 2. I see no reason to suppose that this issue is any less worthy of consideration on certiorari now than it was when we accepted it in Ballew. For this reason, I would grant certiorari. See also Sewell v. Georgia, 435 U.S. 982, 98 S.Ct. 1635, 56 L.Ed.2d 76 (1978) ( ); Teal v. Georgia, 435 U.S. 989, 98 S.Ct. 1639, 56 L.Ed.2d 79 (1978); Robinson v. Georgia, 435 U.S. 989, 98 S.Ct. 1640, 56 L.Ed.2d 80 (1978) ( ). Barring this, I would grant this petition and summarily reverse. See Ballew, supra, 435 U.S., at 246, 98 S.Ct. 1042 (opinion of BRENNAN, J.); Sanders v. Georgia, 424 U.S. 931, 96 S.Ct. 1145, 47 L.Ed.2d 340 (1976) ( ).
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