section 26-6301 (Ga. Laws, 1963, p. 78) , under which the appellant was
convicted, is repugnant to the First and Fourteenth Amendments to the
Constitution of the United States guaranteeing freedom of press and due
in that the statute removes the element of scienter from the definition
offense of possessing obscene matter, and makes the mere possession of
matter a crime.
2. Whether a search warrant issued by a U. S. Commissioner authorizing a search of premises for bookmaking records and other wagering paraphernalia, founded on affidavits that the person whose home is sought to be searched has not registered as a gambler under the Wagering Tax Act, is invalid since the holding by this court in Marchetti v. U. S., 390 U.S. 39 (88 S. Ct. 697) and Grosso v. U.S., 390 U.S. 62 (88 S. Ct. 709).
3. Whether the Supreme Court of Georgia erred in holding and deciding that the search warrant and the search conducted there under were legal.
4. Whether a state officer, acting in concert with federal agents executing a federal search warrant issued for failure to register as a gambler, were constitutionally authorized to seize motion picture films concealed in a desk drawer of appellant's home on a claim by the state officer that the films were obscene where such search warrant did not describe the films to be seized and there was no prior adjudication that they were obscene.
5. Whether a state may constitutionally punish an individual for the mere possession of films alleged to be obscene where there is no evidence to show the appellant had prior knowledge that they were obscene, or that he had ever viewed them, or that he had permitted juveniles to view them, or that he was publishing them in a manner so obtrusive as to make it impossible for an unwilling individual to avoid exposure to them, or that he was "pandering" them.