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State v. Davis

Georgia Supreme Court
272 S.E.2d 721 (1980)


Facts

The State of Georgia (plaintiff) alleged that Davis (defendant) solicited and requested M.I. Lawson to sell marijuana. The state indicted Davis for criminal solicitation, which is defined as soliciting, requesting, commanding, importuning, or otherwise attempting to cause another person to engage in a felony, with the intent for the other person to do so. Davis filed a motion to dismiss the indictment, which alleged that the statute was unconstitutionally vague and overbroad under the First Amendment. The trial court granted the motion, and the state appealed.

Rule of Law

Issue

Holding and Reasoning (Bowles, J.)

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