People v. Berg

It is admitted that the defendant loaned for a consideration a certain book. He was charged in the information with the crime of having in his possession, with intent to lend, an “ obscene, lewd, lascivious, filthy, indecent and disgusting book ” in violation of the provisions of section 1141 of the Penal Law. *544On trial in Special Sessions the defendant was convicted and was sentenced to pay a fine of $100 or serve twenty days in the city prison in default of payment. It is said that defendant paid the fine.

The principal facts are not in dispute and the only issue is whether or not the book,…