In Re Harris

Petition for a writ of habeas corpus. Petitioner’s salesman was arrested, without a warrant, for selling obscene books in violation of section 311, subdivision 3, of the Penal Code.

*880Incident to the arrest, virtually all the “books, magazines, writings, publications and papers” in petitioner’s bookstore were seized. Petitioner was thereafter charged in two counts with selling two specific books in violation of section 311, subdivision 3, of the Penal Code.

At his trial all the material which had been seized was introduced into evidence for the purpose of showing “intent or notice.”

Petitioner…