People v. Kaufman
Appellate Division of the Supreme Court of the State of New York
.Appeal by the defendant, Max H. Kaufman, from a judgment of the Court of General Sessions of the Peace in and for the city and county of New York, rendered on the 8th' day of December,. 1896, convicting him of a misdemea/nor, and also from an order bearing date the 8th day of December, 1896, and entered in the office of the clerk of said court, denying the defendant’s motion for a new trial.
1Opinion of the Court
Barrett, J.:
The defendant was convicted under section 317 of the Penal Code of the misdemeanor of selling an obscene book. He makes two points upon this appeal: First, that the indictment failed to charge a crime ; and, second, that the trial judge erred in refusing to instruct the jury upon a crucial question.
The particular objection which he makes to the indictment is, that it fails to state the obscene matter, but merely gives the pleader’s conclusions therefrom. The indictment, however, states the name of the' book, and excuses a statement of the obscene matter by distinctly averring that…
2Cases cited3 opinions
- McNair v. PeopleIllinois Supreme Court · 1878
- State v. BrownSupreme Court of Vermont · 1855
- People v. HallenbeckCourt Of Oyer And Terminer New York · 1877
3Cited by4 opinions
- People v. HallAppellate Division of the Supreme Court of the State of New York · 1900
- State v. BarnesSupreme Court of North Carolina · 1961
- Sunderman v. StateIndiana Supreme Court · 1926
- People v. SeltzerNew York Supreme Court · 1924