Streitfeld v. State

DUFFY, Justice.

This is an appeal from a sentence by the Superior Court after a jury had found defendant guilty of “knowingly or recklessly” selling obscene material in violation of 11 Del.C. § 1361(1). 1 Defendant contends that the Trial Court erroneously instructed the jury on the meaning of the word, “prurient”, and that he was prejudiced by a coercive supplementary jury instruction. We discuss these contentions seriatim.

I

The first issue for consideration concerns the instruction on the meaning of “prurient.” The Trial Judge directed the jury, as follows:

“I turn now to the statute which has…