Opinion
54952.
SUBMITTED JANUARY 10, 1978.
DECIDED FEBRUARY 3, 1978. REHEARING DENIED FEBRUARY 28, 1978.
Distributing obscene materials. Fulton State Court. Before Judge Alexander.
Glenn Zell, for appellant.
Hinson McAuliffe, Solicitor, Leonard W. Rhodes, Assistant Solicitor, for appellee.
Milton Hostetler appeals from his conviction of distributing obscene materials in violation of Criminal Code § 26-2101. We affirm.
1. A constitutional attack is made upon Criminal Code § 26-2101 (c) which extends the definition of proscribed "obscene material" to "any device designed or marketed as useful primarily for the stimulation of human genital organs." It is contended that this section is overbroad, arbitrary and capricious, that it constitutes an unreasonable invasion of an adult's or married couple's right of sexual privacy, and that no necessity or rational basis appears for the total prohibition of these types of devices. These arguments were rejected in Pierce v. State, 239 Ga. 844 ( 239 S.E.2d 28) (1977), followed this day in Underwood v. State, 144 Ga. App. 684 (1978).
2. We find insufficient cause for reversal in the failure of the trial court to charge verbatim Hostetler's requests 2, 3 and 4 since the principles were adequately covered in the charge as given. Teal v. State, 234 Ga. 159 (3) ( 214 S.E.2d 888) (1975); Hunter v. State, 135 Ga. App. 172 (1) ( 217 S.E.2d 172) (1975) and cits.
3. The questions sought to be raised by enumeration of error 11 have been decided adversely to Hostetler. Robinson v. State, 143 Ga. App. 37, 38 (3) ( 237 S.E.2d 436) (1977).
4. Remaining arguments have been made and rejected in prior decisions and must similarly fail here. See Ballew v. State, 138 Ga. App. 530 ( 227 S.E.2d 65) (1976) and cits.; Wood v. State, 144 Ga. App. 236 (1977) and cits.; Underwood v. State, 144 Ga. App. 684, supra, and cits.
Judgment affirmed. Quillian, P. J., and McMurray, J., concur.