State v. Brown
Supreme Court of Vermont
Indictment for selling obscene books, fyc. Indictment ■ for selling an obscene publication which was described in the indictment as “ a certain lewd, scandalous and obscene printed paper, entitled ‘ Amatory Letters,’ ‘ Ellen’s Letter to Maria,’ and ‘ Maria’s Letter to Ellen,’ which said printed paper is so lewd and obscene, that the same would be offensive to the court here, and improper to be placed upon the records thereof, wherefore the jurors aforesaid do not set forth…
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Indictment for selling obscene books, fyc. Indictment ■ for selling an obscene publication which was described in the indictment as “ a certain lewd, scandalous and obscene printed paper, entitled ‘ Amatory Letters,’ ‘ Ellen’s Letter to Maria,’ and ‘ Maria’s Letter to Ellen,’ which said printed paper is so lewd and obscene, that the same would be offensive to the court here, and improper to be placed upon the records thereof, wherefore the jurors aforesaid do not set forth the same in this indictment.” The respondent demurred to the indictment. The county court, June Term, 1854, Peck, J.…
1Opinion of the Court
The opinion of the court was delivered by
Redfield, Ch. J.
Ordinarily the indictment, in a case like the present, should set forth the book or publication in haec verba, the same as in indictments for libel or forgery. This seems to be an acknowledged principle in the books. But even in indictments for forgery, it may. be excused, as if the forged instrument is in the possession of the opposite party. So, also, in a case like the present, if the publication be of so gross a character that spreading it upon the record will be an offence against decency, it may be excused, as all the English…
2Cited by14 opinions
- State v. HaywardSupreme Court of Missouri · 1884
- Thomas v. StateIndiana Supreme Court · 1885
- State v. BarnesSupreme Court of North Carolina · 1961
- Reyes v. StateSupreme Court of Florida · 1894
- State v. Van WyeSupreme Court of Missouri · 1896
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