United States v. Kennerley
District Court, S.D. New York
Criminal prosecution by the United States against Mitchell Kennerley. On demurrer to indictment. Demurrer to an indictment found under section 211 of the Criminal Code against the publisher of a book, entitled “Hagar Revelly,” alleged to be obscene. The book is a novel of manners presenting the life of a young woman in New York compelled to earn her living.
Read the full summary
Criminal prosecution by the United States against Mitchell Kennerley. On demurrer to indictment. Demurrer to an indictment found under section 211 of the Criminal Code against the publisher of a book, entitled “Hagar Revelly,” alleged to be obscene. The book is a novel of manners presenting the life of a young woman in New York compelled to earn her living. She is represented as impulsive, sensuous, fond of pleasure, and restive under the monotony and squalor of her surroundings. Her virtue is unsuccessfully assailed by a man she does not love and later successfully by one whom she does.…
1Opinion of the CourtHand, District Judge
(after stating the facts as above). It seems to have been thought in U. S. v. Bennett, 16 Blatch. 338, 351, Fed. Cas. No. 14,571, that in an indictment of this sort the question whether-the case must go to the jury could be raised in advance of the trial by inspection of the book, after it had been made a part of the record, by bill of particulars. However, in Dunlop v. U. S., 165 U. S. 486, 491, 17 Sup. Ct. 375, 376 (41 L. Ed. 799), the Supreme Court said that the book does not ever become a part of the re'cord, and that therefore, “if the indictment be not demurrable upon its face, it would…
2Cases cited5 opinions
- Dunlop v. United StatesSupreme Court of the United States · 1897
- Swearingen v. United StatesSupreme Court of the United States · 1896
- United States v. HarmonDistrict Court, D. Kansas · 1891
- United States v. SmithDistrict Court, E.D. Wisconsin · 1891
- United States v. ClarkeDistrict Court, E.D. Missouri · 1889
3Cited by99 opinions
- Roth v. United StatesSupreme Court of the United States · 1957
- Jacobellis v. OhioSupreme Court of the United States · 1964
- Smith v. United StatesSupreme Court of the United States · 1977
- In Re GianniniCalifornia Supreme Court · 1968
- Harold S. Kahm v. United StatesCourt of Appeals for the Fifth Circuit · 1962
94 more not listed; retrieve them via the Exa API.