People v. Clinton T. Brainard and Harper & Bros.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendants, Clinton T. Brainard and another, from a judgment of the Court of Special Sessions of the City of New York, rendered on the 30th day of January, 1920, convicting them of the crime of unlawfully possessing an obscene book in violation of section 1141 of the Penal Law.
1Opinion of the Court
Smith, J.:
The defendant corporation appealed upon the ground that the possession of the book with intent to sell and show the same did not offend against the provisions of the law. The individual defendant appeals upon the same ground and also upon the ground that he was not a party to the offense charged.
Considering first the appeal of the defendant Brainard, it is sought to sustain his conviction under section 164 of the Penal Law. The defendant Brainard was the president of Harper & Brothers, which corporation confessedly had possession of the book and offered the same for sale. The…
2Cases cited6 opinions
- People Ex Rel. Price v. Sheffield Farms-Slawson-Decker Co.New York Court of Appeals · 1918
- People v. . EastmanNew York Court of Appeals · 1907
- People v. . TaylorNew York Court of Appeals · 1908
- Wahlheimer v. . HardenberghNew York Court of Appeals · 1916
- People ex rel. Carvalho v. Warden of City PrisonAppellate Division of the Supreme Court of the State of New York · 1911
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3Cited by11 opinions
- People v. KlingerNew York City Magistrates' Court · 1937
- People v. SeltzerNew York Supreme Court · 1924
- People v. Viking Press, Inc.New York City Magistrates' Court · 1933
- Lewis v. WelchAppellate Division of the Supreme Court of the State of New York · 1987
- People v. DalsisAppellate Division of the Supreme Court of the State of New York · 1957
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