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Criminal Procedure Keyed to Ohlin
Ballew v. Georgia
Citation:35 U.S. 223 (1978)
In November 1973, petitioner Claude Davis Ballew was the manager of the Paris Adult Theatre at 320 Peachtree Street, Atlanta, Ga. On November 9 two investigators viewed at the theater motion film entitled “Behind the Green Door.” After they had seen the film, they obtained a warrant and seized the copy of the film. Petitioner was arrested and charged in a two-count misdemeanor accusation with distributing obscene materials. After a jury of 5 persons had been selected and sworn, petitioner moved that the court impanel a jury of 12 persons. The Court, however, tried its misdemeanor cases before juries of five persons. The jury returned a verdict of guilty on both counts of the accusation.
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