GA 16-12-80 - GA 16-12-80

Comparative Evidence Rationale behind admission of comparative evidence in an obscenity case is to allow defendant the opportunity to attempt to persuade trier of fact that challenged material does not exceed contemporary community standards, as represented by comparable material and against which challenged material is judged. Flynt v. State, 153 Ga. App. 232 , 264 S.E.2d 669 , cert. denied, 449 U.S. 888, 101 S. Ct. 245 , 66 L. Ed. 2 d 114 (1980). Evidence of mere availability of similar materials is insufficient. - Evidence of mere availability of similar materials is not by itself sufficiently probative of community standards to be admissible in absence of proof that material enjoys a reasonable degree of community acceptance. Flynt v. State, 153 Ga. App. 232 , 264 S.E.2d 669 , cert. de...