State v. Jackson

This appeal tests the constitutionality of the Oregon obscenity statute, ORS 167.150. On March 31, 1958, the grand jury for Lane County returned an indictment charging the defendant with a violation of the act, reciting that he did “wilfully and unlawfully sell, distribute and possess with intent to sell and distribute” a book entitled “The Strange Three.” The indictment describes the book as follows:

“* * * said book as an entirety being indecent and obscene, tending to incite lascivious thoughts and tending to arouse lustful desires * * * ??

It will be noticed that the indictment charges that…