In Re Sekuguchi

This is an application for a writ of habeas corpus. A complaint was filed against the petitioner which charged that on the eighteenth day of April, 1932, the petitioner “did willfully, unlawfully, and lewdly distribute and exhibit obscene and indecent photographs and pictures”. He was convicted, the judgment recites, of committing the offense described in the complaint.

The provisions of Penal Code, section 311, are as follows: “Sec. 311. Lewd conduct. Every person who willfully and lewdly, either: . . 3. Writes, composes, stereotypes, prints, publishes, sells, distributes, keeps for sale, or…