People v. Gitter

This motion raises a single point for decision: Shall the defendant, charged with violating section 1141 of the Penal Law, be tried by three judgés at Special Sessions or by a judge and jury in the Court of General Sessions? The question of fact to be determined by whichever tribunal tries Miss Gitter is whether the circular she gave out advertising the Free Thought Book Club’s “ Rasputin the Holy Devil ” was or was not “ obscene, indecent, immoral or impure.” If the book itself, instead of a one-sheet folded four-page announcement of it, were involved, this court might be inclined to follow…