Twiggar v. Rosenberg

This is a motion to restrain the defendant from conducting a moving picture show pending this action, in one of the thickly settled sections of the village of Ossining and in close proximity to several large churches.

The Appellate Division in this department held in People v. Hemleb, 127 App. Div. 356, that the only law applicable is section 265 of the Penal Code and that that section does not apply to moving pictures but only to similar shows to those it enumerates.

Moving picture shows were not known at the time this section was enacted. The penalty prescribed for its violation ■ was not…