BENJAMIN v. UNITED STATES

No. 927.

74 A.2d 64 (1950)

BENJAMIN v. UNITED STATES.

Municipal Court of Appeals for the District of Columbia.

Decided June 20, 1950.


Attorney(s) appearing for the Case

Joseph Forer, Washington, D. C., David Rein, Washington, D. C., on the brief, for appellant.

Joseph A. Sommer, Assistant United States Attorney, Washington, D. C., with whom George Morris Fay, United States Attorney, and Joseph M. Howard, Assistant United States Attorney, Washington, D. C., on the brief, for appellee.

Before CAYTON, Chief Judge, and HOOD and CLAGETT, Associate Judges.


HOOD, Associate Judge.

Appellant, owner of a newsstand, was convicted on a charge of knowingly having in his possession with intent to exhibit and sell, and of selling, obscene, lewd and indecent pictures. Code 1940, 22-2001. The chief question at trial and here is whether the pictures (photographs), concededly taken from appellant's place of business and there offered for sale, are obscene, lewd and indecent within the meaning of the statute.

Appellant's...

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